Allahabad High Court
AVANISH @ ANISHversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Avanish (also known as Anish), was arrested in connection with the death of his wife, who allegedly committed suicide by ingesting aluminum phosphide within three months of marriage. The prosecution alleged dowry‑related harassment and possible murder, but the deceased’s mother, who was the key informant, was declared hostile and withdrew support for the prosecution. The applicant argued that he has no prior criminal record, has been in custody for over six months, and that the forensic report does not preclude suicide. The court examined the applicability of Sections 85 and 80(2) of the Criminal Procedure Code and Sections 3 and 4 of the D.P. Act, noting the presumption of innocence and the lack of compelling evidence of guilt. Considering the hostile witness, the applicant’s clean record, and the possibility of suicide, the judge concluded that bail was appropriate. Consequently, the bail application was allowed subject to a personal bond and two sureties with standard conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 85, 80(2) of the CrPC and Sections 3, 4 of the D.P. Act given the circumstances of the case.
- Whether the allegations of dowry harassment and possible homicide preclude the grant of bail.
- Whether the hostile declaration of the mother of the deceased affects the strength of the prosecution’s case.
- Whether the applicant’s lack of criminal history and the period already spent in custody justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 80(2), 85
- D.P. Act — s. 3, 4
Subjects
- bail
- presumption of innocence
- dowry harassment
- suicide
- Criminal Procedure Code
- D.P. Act
- hostile witness
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 36345 of 2025
Avanish @ Anish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Munna Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Compliance affidavit filed by the State is taken on record.
2. Heard Sri Munna Tiwari, learned counsel for the applicant and Sri S.B.
Singh, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No.793 of 2025, under Sections 85, 80(2) BNS and
Section 3/4 D.P. Act, Police Station Gulriha, District Gorakhpur during
pendency of the trial.
4. Learned counsel for the applicant submits, however, applicant is husband
of the deceased but on the basis of false allegation he has been made accused
in the present matter.
5. He further submits, actually deceased was not happy with her marriage
with the applicant as she wanted to marry with some other person and
therefore even after marriage she did not perform her matrimonial duties and
therefore dispute arose between husband and wife and only due to this
reason she committed suicide within three months of her marriage after
consuming pesticide and even viscera report of the deceased suggests that
she died due to consumption of Aluminum Phosphide.
6. He further submits, even informant i.e. mother of the deceased during trial
did not support the prosecution case and has been declared hostile and her
statement recorded before the trial court has been annexed along with
supplementary affidavit dated 21.02.2026.
7. He further submits, applicant is not having any criminal history and in the
BAIL No. 36345 of 2025
2
present matter he is in jail since 24.08.2025 i.e. for last more than six
months.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
9. I have heard learned counsel for the parties and perused the record of the
case.
10. However, applicant is husband of the deceased and his wife died within
three months of her marriage under abnormal circumstances in her
matrimonial home and there is also allegation of torture in connection to
demand of dowry but during trial informant of the case i.e. mother of the
deceased has been declared hostile.
11. Further, even considering the viscera report of the deceased, the
possibility of suicide committed by the deceased cannot be ruled out and
considering the short duration of marriage, even the reason of suicide
committed by the decreased disclosed by learned counsel for applicant also
cannot be ruled out at this stage.
12. Further, applicant is not having any criminal history and in the present
matter he is in jail since 24.08.2025 i.e. for last more than six months.
13. Further, law is settled that unless proven guilty an accused is deemed to
be innocent and bail application should not be dismissed either for punitive
or preventive purpose.
14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
16. Let the applicant - Avanish @ Anish be released on bail in the aforesaid
case on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
BAIL No. 36345 of 2025
3
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
17. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
18. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
March 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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