Allahabad High Court
AMANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Aman, who was accused under Sections 85 and 80(2) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act in connection with the suicide of his sister-in-law. Aman argued that he was falsely implicated, that there was no material showing dowry harassment, and that the charge sheet had already been filed, making custodial interrogation unnecessary. The State opposed bail but did not dispute the factual background. The Court, noting the lack of evidence to sustain the presumption of dowry death, Aman’s clean record, and the broader concerns of jail overcrowding and pendency, relied on precedents such as Kapil Wadhawan v. CBI (2025) and Maya Tiwari v. State of U.P. (2024). It granted bail with a personal bond, sureties, and specific conditions, without expressing an opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under dowry death provisions when evidence is insufficient to invoke the presumption of dowry death.
- Whether the presumption of dowry death under the Dowry Prohibition Act applies in the present facts.
- Whether custodial interrogation is required after the filing of a charge sheet.
- Whether considerations of jail overcrowding and case pendency justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- criminal procedure
- jail overcrowding
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34825 of 2026
Aman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Shankar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ravi Shankar 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. 63 of 2026, Under Sections
85, 80 (2) Bharatiya Nyaya Sanhita and Section 3/4 Dowry
Prohibition Act, Police Station Wazirganj, District Budaun, during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant
is brother-in-law (dewar) of the deceased, who committed suicide by
hanging herself after a petty dispute over household issues. The
applicant has been falsely implicated merely being brother-in-law
(dewar) 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. It is lastly submitted that charge sheet has been
filed by the police, therefore, there is no requirement for custodial
BAIL No. 34825 of 2026
2
interrogation. The applicant has no criminal history and he is
languishing in jail since 16.04.2026. In case, he is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
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 the accused (brother-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 applicant- Aman, 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.
BAIL No. 34825 of 2026
3
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
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 and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. 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.
11. 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.
12. Office is directed to send a copy of this order to the applicant
through Budaun Jail Superintendent 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.
(Arun Kumar Singh Deshwal,J.)
September 30, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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