Allahabad High Court
ASGARversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that, given the prima facie evidence of suicide, the informant’s lack of objection, and the applicant’s clean record, the accused is entitled to bail.
Summary
The High Court considered a bail application filed by Asgar, accused in a dowry‑death case (Crime No. 810 of 2025) under Sections 80(2), 85 of the Evidence Act and Sections 3 and 4 of the Dowry Prohibition Act. The applicant, husband of the deceased, claimed the death was a suicide, citing the post‑mortem report showing hanging with no injuries to the hyoid bone and the informant’s statement that the wife could not conceive. The informant expressed no objection to bail, and the applicant had no prior criminal record, having been in custody for nine months. The court noted that the evidence prima facie suggested suicide and that the presumption of innocence applies unless guilt is proved. Consequently, the court granted bail with standard conditions.
Issues considered
- Whether bail can be granted in a dowry‑death case where the death appears to be suicidal.
- Whether the informant’s lack of objection influences the bail decision.
- Whether the applicant’s clean criminal record and period of custody affect bail eligibility.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Evidence Act, 1872 — s. 80(2), 85
Subjects
- bail
- dowry death
- suicide
- Indian Evidence Act
- Dowry Prohibition Act
- presumption of innocence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4603 of 2026
Asgar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Pandey
Counsel for Opposite Party(s) : Rakesh Chandra, G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Rejoinder affidavit filed on behalf of the applicant is taken on record.
2. Heard Sri Saurabh Pandey, learned counsel for the applicant, Sri
Rakesh Chandra, learned counsel for the informant and Sri Rajiv Dhar
Dwivedi, learned AGA for the State.
3. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.810 of 2025, under Sections 80(2), 85
BNS and Section 3/4 D.P. Act, Police Station Robertsganj, District
Sonbhadra, 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 argued, actually native place of the applicant is District
Sonbhadra and deceased used to reside their but applicant resided in
Varanasi as he was rickshaw puller in District Varanasi. He next submits,
deceased also insisted to live with him in Varanasi but due to his poor
financial condition applicant could not keep her with him in Varanasi and
BAIL No. 4603 of 2026
2
therefore, she was under depression.
6. He further argued, even although, more than two and half years of
marriage were passed but deceased could not conceive and, therefore, due
to above these reasons, she committed suicide by hanging.
7. Here next submits, postmortem report of the deceased also suggests
that she died due to hanging and apart from the ligature mark she did not
sustain any injury and even her hyoid bone was found intact and,
therefore, prima facie it appears to be suicidal death.
8. He further submits, even informant in his statement before the trial
court disclosed the fact that deceased in spite of more than two years of
her marriage could not conceive.
9. He further argued, application is not having any previous criminal
history and in the present matter he is in jail since 11.8.2025 i.e. for last
nine months.
10. Per contra, learned AGA opposed the prayer for bail but could not
dispute the argument on facts advanced by learned counsel for the
applicant.
11. Sri Rakesh Chandra Tiwari, learned counsel for the informant on the
other hand submits, as per his instructions informant is not having any
objection if the applicant is enlarged on bail.
12. I have heard learned counsel for the parties and perused the record of
the case.
13. However, applicant is husband of the deceased and his wife died
within three years of her marriage under abnormal circumstances in her
matrimonial home and there is also allegation of torture for demand of
Rs.5,00,000/- and a motorcycle but postmortem report of the deceased
suggests that she died due to hanging and apart from the ligature mark she
did not sustain any injury and even her hyoid bone was found intact
therefore, prima facie it appears to be a case of suicidal death and
considering the statement of informant recording during investigation, the
reason of suicide disclosed by learned counsel for applicant during the
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course of argument can not be ruled out at this stage.
14. Further, even it appears, informant of the case is not having any
objection if the applicant is enlarged on bail and this fact prima facie
suggests that it is not case of dowry death.
15. Further, applicant is not having any previous criminal history and in
the present matter he is in jail since 11.08.2025 i.e. for last almost nine
months.
16. Further, the law is settled unless proven guilty an accused is deemed
to be innocent and his bail application should not be rejected either for
preventive or punitive purpose.
17. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
18. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
19. Let the applicant -Asgar 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.
20. 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.
21. It is clarified that the observations made herein are limited to the facts
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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.
(Sameer Jain,J.)
May 5, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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