Allahabad High Court
ATUL TRIPATHIversusSTATE 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 Atul Tripathi, who is alleged to be involved in the death of his daughter‑in‑law, a suicide by hanging that the prosecution treats as a dowry‑related offence under Sections 85 and 80(2) of the BNS Act and Sections 3 and 4 of the D.P. Act. The applicant contended that he was falsely implicated, that there was no material showing he harassed the deceased, and that the presumption of dowry death could not be invoked without evidence of cruelty. The State and the first informant opposed bail but did not dispute the factual background. The Court, taking into account the nature of the offence, lack of custodial interrogation, the applicant’s clean record, and the policy considerations of overcrowded jails, referred to several Supreme Court precedents on bail. Without expressing an opinion on the merits, the Court granted bail subject to standard conditions and procedural safeguards. The order also directed electronic transmission of the bail order to the jail and trial court.
Issues considered
- Whether bail should be granted to the accused in a case of alleged dowry‑related suicide under the BNS and D.P. Acts.
- Whether the presumption of dowry death applies in the absence of material showing cruelty.
- Whether the applicant’s clean record and the pendency of trial justify bail despite the seriousness of the charge.
Legislation cited
Subjects
- bail
- dowry death
- suicide
- false implication
- Criminal Procedure Code
- overcrowded jails
- presumption of dowry death
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33250 of 2026
Atul Tripathi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Kumar Tripathi
Counsel for Opposite Party(s) : G.A., Ram Awtar
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Raj Kumar Tripathi, learned counsel for the applicant, Sri
Ram Awtar, learned counsel for the first informant, Sri Anand Pratap
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. 294 of 2025, under Sections 85,
80(2), of BNS and Section 3/4 D.P. Act, Police Station Handia, District
Prayagraj, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is
father-in-law of the deceased, who committed suicide by hanging herself
at her parental home after a petty dispute over household issues. The
applicant has been falsely implicated merely being father-in-law of the
deceased, though there is no sufficient material against him to show that
he harassed the deceased for non- fulfillment of demand of dowry prior to
death. The applicant has 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.
4. 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
BAIL No. 33250 of 2026
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28.07.2026. In case, he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
5. Per contra, learned counsel for the first informant as well as learned
A.G.A. for the State have vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
6. 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 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.,
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- Atul Tripathi, 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.
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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 and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
11. 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.
12. 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.
13. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Prayagraj 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.
14. Application, if any, stands disposed of.
(Arun Kumar Singh Deshwal,J.)
September 18, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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