Allahabad High Court
JEETU ALIAS JITENDRAversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The Court held that, given the possibility of suicide, lack of hostile testimony against the accused, and his clean record, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Jeetu (alias Jitendra), who is accused in a case involving sections of the Indian Penal Code and the Dowry Prohibition Act relating to the death of his wife. The applicant claimed the death was a suicide, supported by the post‑mortem report and hostile statements of the deceased’s parents, and asserted he has no prior criminal record and has been in custody for over ten months. The State opposed bail but did not dispute the factual contentions. The Court noted the possibility of suicide, the lack of supportive prosecution evidence, and the applicant’s clean record, emphasizing the presumption of innocence until proven guilty. Consequently, the Court granted bail on personal bond and sureties with standard conditions, without expressing any view on the merits of the underlying case.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged murder and dowry‑related offences under the IPC and Dowry Prohibition Act.
- Whether the possibility of suicide, as indicated by the post‑mortem report and hostile statements of the deceased’s parents, affects the bail decision.
- Whether the accused’s clean criminal record and the period of pre‑trial detention justify the grant of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 80(2), 85
Subjects
- bail
- Indian Penal Code
- Dowry Prohibition Act
- suicide
- presumption of innocence
- personal bond
- sureties
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42776 of 2025
Jeetu Alias Jitendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant and Sri
Rajeev Dhar Dwivedi, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 0180 of 2025, under Sections 80(2), 85, 115(2),
352, 351(3) BNS and Section 3/4 D.P. Act, Police Station Gonda, District
Aligarh during pendency of the trial.
3. 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.
4. He further submits, actually deceased was not ready to perform her
matrimonial duties and she did not even ready to live with applicant,
therefore, she committed suicide by hanging. He further submits, even post
mortem report suggests that deceased died due to hanging.
5. He further submits, during trial parents of the deceased did not support the
prosecution case and have been declared hostile and their statements
recorded before the trial court have been annexed along with supplementary
affidavit dated 19.03.2026 filed in support of instant bail application.
6. He further submits, even from the statements of parents of the deceased
recorded before the trial court it reflects, deceased was not ready to live with
applicant.
7. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 26.05.2025 i.e. for last more than ten
months.
BAIL No. 42776 of 2025
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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
two and half years of her marriage under abnormal circumstances in her
matrimonial home and there was also allegation of torture in connection to
demand of dowry but it appears, during trial parents of the deceased did not
support the prosecution case and have been declared hostile.
11. Further, post mortem report suggests that deceased died due to hanging,
therefore, possibility of suicide committed by the deceased cannot be ruled
out at this stage and considering the statements of parents of the deceased,
the reason of suicide committed by the deceased disclosed by the applicant
in the instant bail application also cannot be ruled out.
12. Further, applicant is not having any criminal history and in the present
matter he is in jail since 26.05.2025 i.e. for last more than ten 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 -Jeetu @ Jitendra 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
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
BAIL No. 42776 of 2025
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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.
April 2, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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