Allahabad High Court
DINESHversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Dinesh, accused in a criminal case under Sections 85, 80(2) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, for allegedly failing to obtain medical treatment for his seriously ill wife who later died of septicemia. The prosecution alleged intentional neglect, while the defence highlighted the accused’s poverty, lack of prior criminal record, and the fact that the charge sheet had already been filed, negating the need for custodial interrogation. The court examined the nature of the offence, the evidence, the applicant’s financial condition, and the broader concerns of overcrowded prisons and pendency of cases. Relying on recent Supreme Court and Allahabad High Court precedents on bail, the judge concluded that the applicant was entitled to bail. Accordingly, bail was granted subject to a personal bond, sureties, and specific conditions to prevent tampering with evidence or further criminal activity.
Issues considered
- Whether the accused is entitled to bail under Sections 85, 80(2) IPC and the Dowry Prohibition Act given the alleged negligence leading to death.
- Whether the applicant’s poverty, lack of prior record, and the filing of a charge sheet justify the grant of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 80(2), 85
Subjects
- bail
- criminal procedure
- negligence
- dowry prohibition
- overcrowded prisons
- Indian Penal Code
- low-income accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32519 of 2026
Dinesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Amit Kumar, Mahendra Pal Singh Gaur
Counsel for Opposite Party(s) : Anuj Kumar Gupta, G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Mahendra Pal Singh Gaur, learned counsel for the applicant, Sri Anuj
Kumar Gupta, learned counsel for the first informant and Sri Rakesh Mumar Mishra,
learned A.G.A. for the State.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime no. 135 of 2026, U/s 85, 80 (2) BNS and 3/4 of Dowry
Prohibition Act, Police Station- Islam Nagar, District Budaun.
3. As per the prosecution story, the applicant is husband of the deceased, who died
because of septicemia as deceased was suffering from serious infection and pus was
found in her lungs. Allegation against the applicant is that despite knowing the fact
that the deceased was seriously ill, he intentionally did not consult a doctor for her
treatment.
4. Learned counsel for the applicant submitted that from perusal of statement of
independent witnesses on record, it is clear that the applicant is labourer working on
brickkiln and poor person. Due to his poor financial condition, he could not provide
proper treatment to the deceased and telling the deceased that her parents should
arrange money for treatment, will not attract the ingredients of Section 118 BSA. The
applicant has been falsely implicated. It is lastly submitted that charge sheet has been
filed by the police, therefore, there is no requirement for custodial interrogation. The
applicant has no criminal history and he is languishing in jail since 23.07.2026. In
case, he is granted bail, he will not misuse the liberty of bail and would cooperate in
the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.
6. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and taking into account the statement of independent witnesses
as well as opinion of doctor regarding death of deceased due to negligence in her
BAIL No. 32519 of 2026
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treatment and keeping in view the nature of offence, evidence, complicity of 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.
7. Let the applicant- Dinesh 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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the
court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhaar Card of the applicant and
sureties should also be conducted by the court concerned.
11. It is made clear that the applicant shall be released on the basis of downloaded
copy of this order 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.
12. It is 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.
13. Office is directed to send a copy of this order to the applicant through Budaun
BAIL No. 32519 of 2026
3
Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within
24 hours in compliance of the orders 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 in the case of 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.
14. Application, if any, stands disposed of.
September 14, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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