Allahabad High Court
RANJEETversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ranjeet, accused in a case under Sections 85, 80(2) of the BNS Act and Sections 3 and 4 of the D.P. Act, relating to the death of his wife who allegedly committed suicide by hanging. The applicant argued that he was falsely implicated, had no criminal record, and that the post‑mortem report supports suicide, while the prosecution highlighted allegations of torture and financial demands. The court noted that the possibility of suicide could not be ruled out and emphasized the presumption of innocence and the applicant’s clean record. It concluded that bail was appropriate pending trial, subject to conditions. Consequently, the court ordered the release of the applicant on bail upon furnishing a personal bond and two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 85, 80(2) BNS and Sections 3/4 D.P. Act pending trial.
- Whether the circumstances of the deceased's death (suicide versus homicide) affect the grant of bail.
- Whether the accused's lack of prior criminal history and the period already spent in custody justify bail.
Legislation cited
Subjects
- bail
- criminal procedure
- presumption of innocence
- suicide
- homicide
- Section 85
- Section 80(2)
- D.P. Act
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41841 of 2025
Ranjeet
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Swapnesh Singh, Ravesh Kumar Singh,
Ravindra Kumar Mishra
Counsel for Opposite Party(s) : Firoz Ahmad Khan, G.A., Javed Alam,
Prabhat Kumar
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed by the applicant is taken on record.
2. Heard Sri Shiv Nath Singh, learned Senior Advocate assisted by Sri
Swapnesh Singh, learned counsel for the applicant, Sri Alok Singh, learned
Advocate holding brief of Sri Prabhat Kumar, learned counsel for informant
and Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 0146 of 2025, under Sections 85, 80(2) BNS and
Section 3/4 D.P. Act, Police Station Makkhanpur, District Firozabad 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 applicant was the recovery agent of HDFC
Bank and he resided in Sikohabad and he worked with the bank on behalf of
Quess Crop Ltd. and the said company also issued I.D. to him which has
been filed along with instant bail application and as applicant resided in
Sikohabad, therefore, deceased always insisted to live with him but
considering the job profile, applicant was not able to live with her in
Sikohabad, therefore, she committed suicide by hanging. He further submits,
even post mortem report suggests that deceased died due to hanging.
6. He further submits, applicant is not having any criminal history and in the
BAIL No. 41841 of 2025
2
present matter he is in jail since 25.06.2025 i.e. for last ten months.
7. Per contra, learned AGA as well as learned counsel for informant opposed
the prayer for bail and submit, applicant is husband of the deceased and his
wife died within two and half years of her marriage under abnormal
circumstances in her matrimonial home and there is also allegation of torture
for demand of four wheeler and Rs. 5 lakhs but they could not dispute the
fact that as per post mortem report deceased died due to hanging. They also
could not dispute the fact that applicant resided in Sikohabad and he is in jail
in the present matter since 25.06.2025 i.e. for last ten months.
8. I have heard learned counsel for the parties and perused the record of the
case.
9. However, applicant is husband of the deceased and his wife died within
two and half years of her marriage under abnormal circumstances in her
matrimonial home and there is also allegation of torture for demand of Rs. 5
lakhs and four wheeler but post mortem report suggests that deceased died
due to hanging and therefore possibility of suicide committed by the
deceased cannot be ruled out at this stage and considering the fact that it
appears, applicant resided in Sikohabad, the reason of suicide disclosed by
the learned counsel for applicant during the course of argument cannot be
ruled out at this stage.
10. Further, applicant is not having any criminal history and in the present
matter he is in jail since since 25.06.2025 i.e. for last ten months.
11. 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.
12. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
14. Let the applicant - Ranjeet 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.
BAIL No. 41841 of 2025
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(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
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
15. 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.
16. 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.
April 23, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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