Allahabad High Court
BRIJPAL ALIAS SOPALIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Brijpal alias Sopali, accused of his wife's suicide under sections 85, 80(2), 108 of the B.N.S. and the Dowry Prohibition Act. The applicant argued that the death resulted from a dispute over the victim's alleged relationship with a neighbour, not dowry harassment, and presented mediator, doctor, and mobile CDR evidence to show no dowry demand, thereby negating the presumption under section 118 of the B.S.A. The State opposed bail but did not dispute the factual matrix. Relying on Supreme Court precedents and the need to decongest prisons, the court concluded that bail was appropriate without commenting on guilt. Consequently, the bail application was allowed subject to standard conditions and surety requirements.
Issues considered
- Whether the presumption under section 118 of the B.S.A. is attracted in the present suicide case.
- Whether bail can be granted under sections 85, 80(2), 108 of the B.N.S. and the Dowry Prohibition Act given the nature of the offence and the evidence.
- Whether the applicant's lack of prior criminal record and cooperation justify bail despite the seriousness of the charge.
- Whether jail overcrowding and pendency of cases warrant the grant of bail in this circumstance.
Legislation cited
- B.N.S. — s. 108, 80(2), 85
- B.S.A. — s. 118
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- suicide
- dowry prohibition act
- section 118 presumption
- jail overcrowding
- mobile CDR evidence
- criminal procedure
- bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32484 of 2026
Brijpal Alias Sopali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ayush Mishra, Yogendra Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Yogendra Misra, learned counsel for the applicant, Sri
DPS Chauhan, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No.192 of 2026, under sections-
85, 80(2), 108 B.N.S. and section 3/4 Dowry Prohibition Act, Police
Station Jasrana, District Firozabad, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant is
the husband of the deceased who committed suicide by hanging. It is
further submitted that from the statements of mediator of marriage,
other witnesses and statement of doctor who treated the victim lastly,
it is clear that dispute between the applicant and the victim was that
the victim was having relationship with one boy Vishal, who is
neighbour of the applicant and applicant has taken the mobile of the
victim to stop her to talk with Vishal and, thereafter, she committed
suicide by hanging and applicant as well as his mother rushed the
victim to hospital where the doctor could not save her. It is further
submitted that it is clear from all the evidence that there was no
demand of dowry or harassment to the deceased, only dispute was
illicit relationship of the victim with one Vishal. It is lastly submitted
that the CDR of the mobile phone of the victim shows that she was in
continuous touch with Vishal and having conversation of 460 times.
Therefore, presumption u/s 118 of BSA is not attracted. It is further
BAIL No. 32484 of 2026
2
submitted that the applicant has no criminal history. It is further
submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The
applicant is languishing in jail since 17.04.2026. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
5. Considering the aforesaid submission and taking into account the
statements of mediator and other independent witnesses including
the doctor as well as CDR of the mobile phone of the victim, it is clear
that victim herself committed suicide when her husband stopped her
from talking with one boy Vishal and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the
trial courts as well as considering the mandate of the judgement of
the Apex Court in the case of Kapil Wadhawan vs Central Bureau
of Investigation reported in 2025 SCC OnLine SC 3038 as well as
guideline of this Court in the case of Maya Tiwari Vs. State of U.P.
reported in 2024 SCC Online All 6765 regarding grant of bail and
without expressing any opinion on the merits of the case, I am of the
opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the present application is allowed.
6. Let the applicant- Brijpal alias Sopali, involved in the
aforementioned crime be released on bail, on his furnishing a
personal bond and two sureties each in the like amount, to the
satisfaction of the court concerned, with the following conditions:-
i. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
BAIL No. 32484 of 2026
3
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through Firozabad Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 14, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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