Allahabad High Court
SANTOSHversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that, on the basis of the suicide note and post‑mortem report, the case appears to be a suicidal death and the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Santosh, the husband of a deceased woman, who was accused under IPC sections 80, 85, 351(3), 352 and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry‑related offences. The applicant argued that the deceased’s suicide note and post‑mortem report indicated a voluntary hanging, thereby negating any dowry‑death allegation. The State opposed bail but did not dispute the factual contentions regarding the suicide note. The court observed that the suicide note and medical evidence prima facie pointed to a suicidal death and noted the applicant’s clean criminal record and eight‑month pre‑trial detention. Applying the principle that an accused is presumed innocent until proven guilty, the court granted bail with conditions. The order expressly limited its observations to the bail application and did not address the merits of the underlying criminal case.
Issues considered
- Whether the presence of a suicide note and post‑mortem report indicating hanging negates the allegation of dowry death for bail purposes
- Whether the applicant, despite being charged under IPC and the Dowry Prohibition Act, is entitled to bail pending trial
- Whether the applicant’s lack of prior criminal record and duration of pre‑trial detention influence the bail decision
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 351(3), 352, 80, 85
Subjects
- bail
- dowry death
- suicide note
- presumption of innocence
- Indian Penal Code
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9129 of 2026
Santosh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Heard Sri Pramod Kumar Pandey, learned counsel for the applicant and
Sri Imran Khan, learned AGA, for the State.
2. The instant bail application has been filed on behalf of the applicant
with the prayer to release him on bail in Case Crime No.324 of 2025,
under Sections 80,85,351(3) and 352 BNS and Section 3/4 Dowry
Prohibition Act, Police Station Jait, District Mathura during pendency of
the trial.
3. Learned counsel for the applicant submits that 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 argued that during investigation Investigating Officer
procured suicide note of the deceased which has been annexed as
annexure-10 to the affidavit filed in support of the instant bail application
and from its perusal it reflects that deceased did not make any allegation
either against the applicant or against his family members and its appears
that she committed suicide due to harassment by some other person and
her suicide note completely rules out that it is a case of dowry death.
5. He further submits that even post mortem report of the deceased
suggests that deceased died due to hanging and considering the post
mortem report of the deceased and her suicide note prima faice it appears
to be a case of suicidal death.
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6. He further submits that applicant is not having any previous criminal
history and in the present matter he is in jail since 21.7.2025, i.e., for
almost eight months.
7. Per contra, learned AGA although opposed the prayer for bail but
could not dispute the argument on facts advanced by the learned counsel
for the applicant.
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 under
abnormal circumstances within two years of her marriage in her
matrimonial home and there is also allegation of torture in connection to
demand of dowry but considering suicide note of the deceased and her
post mortem report prima facie it appears to be a case of suicidal death.
10. Further, from the suicide note of the deceased it could not be reflected
that it is a case of dowry death. Further, applicant is not having any
previous criminal history and in the present matter he is in jail in since
21.7.2025, i.e.,for almost eight 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-Santosh 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
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3
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.
(Sameer Jain,J.)
March 18, 2026
SKM
Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad
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