Allahabad High Court
DEEPAK AHIRWARversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Deepak Ahirwar, husband of a woman who allegedly committed suicide. He was charged under Sections 80(2) and 85 of the Indian Evidence Act and Sections 3 and 4 of the Dowry Prohibition Act. During trial, the deceased's father, brother and sister‑in‑law retracted earlier statements and testified that the death was a suicide caused by severe abdominal pain, with no dowry demand. The court noted the lack of material evidence against the applicant, his clean record, the nature of the offence, and the problem of overcrowded jails, while relying on recent Supreme Court and High Court precedents on bail. Consequently, the court granted bail with standard conditions and directed procedural steps for his release.
Issues considered
- The applicability of bail in a dowry‑related death case where witness testimony has changed.
- Whether the applicant poses a risk of tampering with evidence or fleeing.
- Whether the nature of the offence and lack of material evidence justify bail despite the seriousness of the charge.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Evidence Act, 1872 — s. 80(2), 85
Subjects
- bail
- dowry death
- suicide
- witness testimony
- overcrowded jails
- criminal procedure
- Indian Evidence Act
- Dowry Prohibition Act
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32509 of 2026
Deepak Ahirwar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Veer Kumar, Vijay Vikram Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Veer Kumar, learned counsel for the applicant, Sri
Roshan Kumar Singh, 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.0019 of 2026, Under
Sections-80(2), 85 B.N.S and Section 3/4 of the Dowry Prohibition
Act, Police Station-Kabrai, District Mahoba, during the pendency of
the trial.
3. The contention of learned counsel for the applicant is that the
applicant is the husband of the deceased, who committed suicide by
hanging. It is further submitted that the father, brother and sister-in-
law (bhabhi) of the deceased supported the prosecution story during
the investigation. However, during the trial, the first informant (father),
who was examined as PW-1, the brother, who was examined as PW-
2, and the sister-in-law of the deceased, who was examined as PW-
3, did not support the prosecution story and clearly stated that the
deceased was suffering from acute abdominal pain and, for that
reason, she was in depression and, being short-tempered, she
committed suicide. They further stated that the applicant or his family
members never demanded any dowry, as the marriage was itself
performed during a mass marriage ceremony. Therefore, as on date,
there is no material against the applicant. It is further submitted that
the applicant has no criminal history. The applicant is languishing in
jail since 19.02.2026. 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 No. 32509 of 2026
2
bail but could not dispute the aforesaid facts.
5. Considering the aforesaid submission and taking into account the
statement of father, brother and bhabhi of the deceased during trial
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- Deepak Ahirwar, 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
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.
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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 Mahoba 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.
September 14, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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