Allahabad High Court
RUPESHversusSTATE 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 Rupesh, the husband of a woman who allegedly committed suicide by hanging after a dispute over dowry. The prosecution had charged him under Sections 85, 80(2) and 351(2) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The applicant’s counsel argued that the FIR was filed six days after the incident, suggesting it was false and that the deceased’s medical records indicated a pregnancy and gynecological problems that could have led to suicide. The court noted the delay in filing the FIR, the post‑mortem indicating hanging, the lack of any prior criminal record, and the principle that an accused is presumed innocent until proven guilty. Relying on these facts, the court concluded that there was no justification to deny bail. Consequently, the bail application was allowed subject to a personal bond and sureties.
Issues considered
- Whether bail should be granted to the accused under the IPC and Dowry Prohibition Act pending trial.
- Whether the delay in lodging the FIR and the circumstances of the death render the allegations frivolous or false.
- Whether the possibility of suicide and the accused’s clean record justify bail.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 351(2), 80(2), 85
Subjects
- bail
- dowry death
- suicide
- false FIR
- presumption of innocence
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9137 of 2026
Rupesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Dharam Singh, Kumari Poonam Rajpoot,
Prem Babu Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Heard Kumari Poonam Rajpoot, 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.208 of 2025, under Sections 85,80(2) and
351(2) BNS and Section 3/4 Dowry Prohibition Act, Police Station Anoopshahar,
District Bulandshahar during pendency of the trial.
3. Learned counsel for the applicant submits that however, applicant is the husband of
the deceased but on the basis of false allegation he has been made accused in the
present matter.
4. She further argued that actually after marriage deceased suffered with some gynae
issue and she was under continuously medical treatment and her medical prescription
of the year 2024 has been annexed along with the instant bail application and when
she conceived then due to gynae problem she gathered an impression that she could
not safely deliver child and therefore, she was under fear and she insisted to visit her
paternal home but due to medical advice applicant and his family members did not
permit her therefore she committed suicide by hanging.
5. She next submits that medical report of the deceased of the year 2024 clearly
suggests that she was suffered with uterus bleeding and her treatment was going on.
6. She further submits that even post mortem report of the deceased suggests that she
died due to hanging.
7. She further submits that immediately after unfortunate incident family members of
the deceased and Police were informed and thereafter inquest was conducted on
BAIL No. 9137 of 2026
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18.5.2025 and during inquest even informant was present but after six days on
24.5.2025 he lodged FIR of the present case and this fact clearly suggests that FIR is
based on false and frivolous allegation of torture in connection to demand of dowry
and actually it is not the case of dowry death.
8. she further submits that apart from the present case applicant is not having any
previous criminal history and in the present matter he is in jail since 6.6.2025, i.e,for
the last more than nine months.
9. 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.
10. I have heard learned counsel for the parties and perused the record of the case.
11. However, applicant is the husband of the deceased and his wife died within a year
year of her marriage under abnormal circumstances in her matrimonial home and there
is also allegation of torture in connection to demand of Rs. Fifty Thousand and a
motorcycle but post mortem report of the deceased suggests that she died due to
hanging and, therefore, possibility of suicide committed by deceased cannot be ruled
out at this stage.
12. Further, however, post mortem report of the deceased also suggests that at the
time of death deceased was pregnant too but considering medical prescription of the
deceased of the year 2024, the reason of suicide disclosed by learned counsel for the
applicant during the course of argument cannot be completely ruled out at this stage.
13.Further, even there is delay of six days in lodging the FIR of the present case.
However, it reflects that immediately after the incident informant side was informed
and even informant on 18.5.2025 was present during inquest proceedings and he was
also one of the inquest witnesses.
14. Further, applicant is not having any previous criminal history and in the present
matter he is in jail since 6.6.2025,i.e.,for the last more than nine months.
15. 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
purposes.
16. Therefore, considering the facts and circumstances of the case discussed above in
my view, applicant is entitled to be released on bail.
17. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
18. Let the applicant-Rupesh 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
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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.
19. 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.
20. 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.
March 18, 2026
SKM
(Sameer Jain,J.)
Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad
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