Allahabad High Court
RAMDAUD GOND RAMDEV GONDversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ramdaud Gond, father‑in‑law of a woman who died by suicide, in a case registered under Sections 80(2), 85, 61(2) of the B.N.S. Act and Sections 3/4 of the D.P. Act. The applicant argued that he was falsely implicated, with no material showing dowry‑related cruelty, and that a co‑accused in a similar position had already been released on bail. The State opposed bail but did not dispute the factual background. Relying on the principle of parity with the co‑accused, the nature of the offence, the lack of custodial necessity, and recent Supreme Court and High Court precedents on bail, the Court held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to standard bond and surety conditions.
Issues considered
- Whether the applicant, Ramdaud Gond, is entitled to bail in the pending criminal case under the cited statutes.
Legislation cited
Subjects
- bail
- dowry death presumption
- parity
- overcrowded jails
- criminal procedure
- Section 80
- Section 85
- Section 61
- D.P. Act
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33880 of 2026
Ramdaud Gond @ Ramdev Gond
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vishveshwar Mani Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vishveshwar Mani Tripathi, learned counsel for the
applicant, Sri Himanshu Kumar, 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. 202 of 2026, under Sections 80(2),
85, 61(2) of B.N.S. and Section 3/4 D.P. Act, Police Station Bhatani,
District Deoria, 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 Rajkumari Devi @ Ramkumari
Devi, who is the mother-in-law of the deceased, has already been released
on bail by a coordinate Bench of this Court in Criminal Misc. Bail
BAIL No. 33880 of 2026
2
Application No. 33754 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 17.07.2026. 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 A.G.A. has 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- Ramdaud Gond @ Ramdev Gond, 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.
BAIL No. 33880 of 2026
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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, Deoria 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
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