Allahabad High Court
CHANDRABHANversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Chandrabhan, the father‑in‑law of a woman who had died by suicide, who was charged under Sections 80(2) and 85 of the Bhartiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act. The applicant argued that he was falsely implicated, that there was no material showing he harassed the deceased, and that the presumption of dowry death requires evidence of cruelty before death. The State opposed bail but did not dispute the factual background. The Court, referring to the Apex Court’s decision in Kapil Wadhawan v. CBI and its own precedent in Maya Tiwari v. State of U.P., held that the nature of the offence, the lack of incriminating material, the applicant’s clean record and the need to decongest jails justified bail. Accordingly, the bail application was allowed subject to standard conditions. The order also directed verification of identity and electronic transmission of the order.
Issues considered
- Whether the presumption of dowry death applies in the present case
- Whether bail can be granted despite the seriousness of the offences under the Bhartiya Nyaya Sanhita and the Dowry Prohibition Act
- Whether the applicant’s clean record and lack of incriminating material justify the grant of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry
- criminal procedure
- overcrowded jails
- Bhartiya Nyaya Sanhita
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34187 of 2026
Chandrabhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Singh, Sarita Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Manish Singh, learned counsel for the applicant, Sri Rakesh
Kumar Mishra, 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. 123 of 2026, under Sections 80(2), 85
of Bhartiya Nyaya Sanhita and Section 3/4 of Dowry Prohibition Act,
Police Station Ghazipur, District Fatehpur, 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 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. 34187 of 2026
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21.05.2026. 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 the
applicant is the father-in-law of the deceased 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- Chandrabhan, 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.
BAIL No. 34187 of 2026
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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, Fatehpur 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 24, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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