Allahabad High Court
AKASH SINGH AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The Court granted bail to the applicants, finding no sufficient material to sustain the presumption of dowry death and noting the need to alleviate jail overcrowding.
Summary
The High Court considered a bail application filed by Akash Singh and Surajpal Singh, who are the brother‑in‑law and father‑in‑law of a woman who died by suicide following a domestic dispute. They were charged under Sections 80(2) and 85 of the BNS Act and Sections 3 and 4 of the Dowry Prohibition Act. The applicants argued that they were falsely implicated, that there was no material to support the presumption of dowry death, and that the charge sheet had already been filed, making custodial interrogation unnecessary. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v U.P.) and recent guidelines on bail, the Court held that the applicants were entitled to bail, subject to standard conditions. Consequently, the bail application was allowed and the applicants were ordered to be released on personal bond with sureties.
Issues considered
- Whether the presumption of dowry death under the Dowry Prohibition Act applies in the present case.
- Whether the nature of the offences and the material on record justify the denial of bail.
- Whether the applicants’ personal circumstances and jail overcrowding warrant the grant of bail.
Legislation cited
- BNS Act — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of cruelty
- criminal procedure
- overcrowded prisons
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33092 of 2026
Akash Singh And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Narayan Pandey
Counsel for Opposite Party(s) : Suresh Dhar Dwivedi, G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Om Narayan Pandey, learned counsel for the applicants, Sri
Suresh Dhar Dwivedi, learned counsel for the first informant, Sri Rakesh
Kumar Mishra, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicants on bail during the trial in Case Crime No.30 of 2026, under
Sections 80(2), 85 of BNS and 3/4 D.P. Act, Police Station- Jaitipur,
District- Shahjahanpur.
3. Contention of learned counsel for the applicants is that the applicant no.1
is married Devar (brother-in-law) and applicant no.2 is father-in-law of the
deceased, who committed suicide by hanging herself after a petty dispute
over household issues. The applicants have been falsely implicated merely
being Devar (brother-in-law) and father-in-law of the deceased, though there
is no sufficient material against them to show that they harassed the
deceased for non- fulfillment of demand of dowry prior to death. The
applicants have been falsely implicated by making general and vague
allegations along with other family members. It is further submitted that for
invoking presumption of dowry death in case of death under unnatural
circumstances within 7 years of marriage, there must be sufficient material
to show that the deceased was subjected to cruelty soon before the death, but
there is no such material. It is lastly submitted that charge sheet has been
filed by the police, therefore, there is no requirement for custodial
interrogation. The applicant no.1 has one case criminal history, which is
explained in the accompanying affidavit, while applicant no.2 has no
criminal history and they are languishing in jail since 05.04.2026. In case,
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they are granted bail, they will not misuse the liberty of bail and would
cooperate in the trial proceedings.
4. Per contra, learned A.G.A. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused (brother-in-law and father-in-law) 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 applicants-Akash Singh and Surajpal Singh involved in the
aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicants shall not indulge in any criminal activity or commission
of any crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of the bond
executed by them.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
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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 as well as Aadhaar Card of the applicants
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicants 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.
11. 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 applicants.
12. Office is directed to send a copy of this order to the applicant through
Shahjahanpur 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.
13. Application, if any, stands disposed of.
October 1, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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