Allahabad High Court
VIJAY KESHSHARWANIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The applicant, Vijay Keshsharwani, a father‑in‑law of a woman who died by suicide after a domestic dispute, was charged under Sections 85 and 80 of the B.N.S. Act and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the allegations of dowry harassment were unfounded, that there was no material showing cruelty before the death, and that the charge sheet had already been filed, making custodial interrogation unnecessary. The State opposed bail but did not dispute the factual background. Relying on the Supreme Court’s guidance in Kapil Wadhawan v. CBI and recent bail policy pronouncements, the High Court held that the applicant was entitled to bail, emphasizing jail overcrowding and the need for speedy trial. The court ordered his release on personal bond with two sureties and imposed standard bail conditions.
Issues considered
- Whether the applicant, charged under the B.N.S. Act and Dowry Prohibition Act, is entitled to bail pending trial.
- Whether the presumption of dowry death applies in the present case given the lack of material showing cruelty.
- Whether the existence of a charge sheet negates the necessity for custodial interrogation.
Legislation cited
- B.N.S. Act — s. 80, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- suicide
- criminal procedure
- overcrowded jails
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3845 of 2026
Vijay Keshsharwani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deep Narayan, Mukhtesh Kumar, Ravi
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rajesh Tripathi, Advocate, holding brief of Sri Deep Narayan,
learned counsel for the applicant, Sri Bhupendra Pal Singh, 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 during the trial in Case Crime No.281 of 2025, under
Sections 85, 80 B.N.S. and Section 3/4 D.P. Act, Police Station- Naini,
District-Prayagraj.
3. Contention of learned counsel for the applicant is that the applicant is
father-in-law of the deceased, who committed suicide by consuming
poisonous substance 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. 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 29.11.2025. In case, he is granted bail, he will not misuse the
BAIL No. 3845 of 2026
2
liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and also keeping in view the nature of
offence, evidence, complicity of the accused and also 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 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 bail application is allowed.
6. Let the applicant- Vijay Keshsharwani 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.
BAIL No. 3845 of 2026
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9. 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.
10. 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.
11. Office is directed to send a copy of this order to the applicant through
concerned 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 23, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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