Allahabad High Court
KUNDAN SINGHversusSTATE OF U.P.
- Decided
Holding
The applicant, Kundan Singh, is entitled to be released on bail.
Summary
Kundan Singh, the father‑in‑law of a woman who died by suicide, was charged under Sections 80(2), 115(2) and 85 of the B.N.S., 2023 and Sections 3/4 of the D.P. Act, 1961. He contended that he was falsely implicated, that there was no material to invoke the presumption of dowry death, and that his co‑accused mother‑in‑law had already been granted bail, establishing parity. The State opposed bail but did not dispute the factual background. The Court, considering the lack of substantive evidence, the applicant’s clean record, the filing of a charge sheet, the bail already granted to a similarly situated co‑accused, and the need to decongest jails, referred to recent Supreme Court and High Court precedents on bail. Without expressing an opinion on the merits, the Court allowed the bail application subject to standard conditions.
Issues considered
- The applicability of the presumption of dowry death in the present case.
- Whether the applicant is entitled to bail on the ground of parity with a co‑accused already released.
- Whether the filing of a charge sheet negates the need for custodial interrogation and justifies bail.
- The suitability of bail considering the nature of the offences and the applicant’s personal circumstances.
Legislation cited
- B.N.S., 2023 — s. 115(2), 80(2), 85
- D.P. Act, 1961 — s. 3, 4
Subjects
- bail
- dowry death
- presumption of cruelty
- parity
- overcrowded jails
- criminal procedure
- Section 115 IPC
- Section 80 IPC
- Delhi Police Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33868 of 2026
Kundan Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Goswami
Counsel for Opposite Party(s) : Amarnath Tripathi, G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Abhay Goswami along with Sri Yatendra Giri, learned
counsel for the applicant, Sri Amarnath Tripathi, learned counsel for the
first informant, 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. 0399 of 2026, under Sections 80(2),
115(2) and 85 B.N.S., 2023 and Section 3/4 D.P. Act, 1961, Police
Station Civil Lines, District Moradabad, 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
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 further submitted that co-accused Nanhi, who is the mother-in-law
of the deceased, has already been released on bail by a coordinate Bench
BAIL No. 33868 of 2026
2
of this Court in Criminal Misc. Bail Application No. 33762 of 2026 vide
order dated 22.09.2026. Therefore, the applicant having an identical role,
is also entitled to be released on bail on the ground of parity. 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 13.08.2026. 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 taking into account the fact that
similarly situated co-accused has been enlarged on bail 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- Kundan Singh, 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
BAIL No. 33868 of 2026
3
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 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, Moradabad 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 23, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
Checking your session…