Allahabad High Court
MUTTUR PRAJAPATI @ MUTUR PRAJAPATIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
Muttur Prajapati, the father‑in‑law of a woman who died under unnatural circumstances, applied for bail in a murder‑related case (Crime No. 187 of 2026) invoking Sections 85, 80(2), 238, 3(5) of the CrPC and Section 4 of the Dowry Prohibition Act. The prosecution alleged that the deceased's husband and co‑accused Shobha Chaurasia were involved, while the applicant claimed he was falsely implicated and that the decomposed body left the cause of death uncertain. The court noted CCTV footage showing the deceased with Shobha, the nature of the offence, the applicant’s minimal prior record, and the need to alleviate jail overcrowding. Relying on recent Supreme Court and High Court precedents on bail, the judge concluded that the applicant was entitled to bail. Accordingly, bail was granted subject to a personal bond, sureties and standard conditions, and the order directed administrative compliance.
Issues considered
- Whether the father‑in‑law, who is merely alleged to be complicit, should be granted bail in a murder case.
- Whether the lack of conclusive forensic evidence due to a decomposed body justifies bail.
- Whether the applicant’s prior excise offence affects his eligibility for bail.
- How recent Supreme Court and High Court bail jurisprudence applies to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 238, 3(5), 80(2), 85
- Dowry Prohibition Act, 1961 — s. 4
Subjects
- bail
- murder
- decomposed body
- CCTV evidence
- overcrowded prisons
- Supreme Court bail jurisprudence
- Criminal Procedure Code
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35002 of 2026
Muttur Prajapati @ Mutur Prajapati
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ram Pravesh Yadav, Shashank Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shashank Kumar, learned counsel for the applicant, Sri D.P.S. Chauhan,
learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 187 of 2026, under Sections 85, 80(2), 238, 3(5)
B.N.S and Sections 4 Dowry Prohibition Act, Police Station- Kotwali, District- Ballia.
3. Contention of learned counsel for the applicant is that the applicant is father-in-law
of the deceased, who died under unnatural circumstances. It is further submitted that
as per prosecution story, there was allegation against the husband of deceased, Chunni
Lal, that he was having illicit relationship with co-accused Sobha Chaurasia.
Subsequently, the deceased left her in-law's house and was residing at his parental
home with her parents. However, when mother-in-law of the deceased became ill and
was hospitalised then, on request of her husband, the deceased came to hospital to take
care of her mother-in-law. Subsequently, mother-in-law was discharged from hospital
on 22.05.2026 and information was received by the parents of the deceased that the
deceased was missing. Subsequently, the de-composed body of deceased was
recovered on 24.05.2026. During investigation, on the basis of CCTV footage, it was
found that the deceased was going along with co-accused Shobha Chaurasia and she
remained in his company on 09.22 a.m. to 09.59 a.m. on 22.05.2026. Therefore, there
is allegation against the husband as well as co-accused Shobha Chaurasia, the
applicant has been falsely implicated being father-in-law of the deceased without any
material. It is further submitted that the body was de-composed, therefore cause of
death remains uncertain. 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 except one case of Excise Act which is bailable offence. He is
languishing in jail since 01.08.2026. 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. for the State opposed the prayer for bail but could not
dispute the aforesaid fact.
BAIL No. 35002 of 2026
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5. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and taking into account the CCTV footage showing the
deceased was lastly seen in the company of Shobha Chaurasia; coupled with the fact
that specific allegation has been made against the husband of the deceased as well as
co-accused Shobha Chaurasia and keeping in view the nature of offence, evidence,
complicity of accused (father-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- Muttur Prajapati @ Mutur Prajapati 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.
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 as well as Aadhaar Card of the applicant and sureties
should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of downloaded
copy of this order 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.
BAIL No. 35002 of 2026
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11. It is 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 Mau Jail
Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24
hours in compliance of the orders 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 in the case of 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.
13. Application, if any, stands disposed of.
14. Learned AGA has pointed out that in the instructions format, Sri Satish Sharma,
Circle Officer (I.O. of this case) has mentioned that the applicant has no criminal
history but DCRB shows that the applicant is having one criminal history of Excise
Act, this shows negligence on the part of Circle Officer, Sri Satish Sharma in
preparing the instructions, supplied to learned AGA.
15. Therefore, Superintendent of Police, Ballia is directed to conduct an inquiry and
take appropriate action against Sri Satish Sharma, Circle Officer.
16. Registrar (Compliance) is directed to send a copy of this order to SP, Ballia for
compliance of para 15 of the bail application.
September 30, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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