Allahabad High Court
AMANversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court granted bail to the applicant, holding that the circumstances warranted release pending trial.
Summary
The applicant Aman, the brother-in-law of a deceased woman, filed a bail application in a case registered under Sections 498A, 304B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the allegations against him were false, that the post‑mortem indicated death by hanging, and that he had no prior criminal record, having been in custody only since 16‑02‑2026. The State opposed bail but did not rebut the applicant’s factual submissions. The court, noting the lack of specific allegations, the suicide finding, and the applicant’s clean record, decided that bail was appropriate without commenting on the merits of the case. Accordingly, the court ordered his release on personal bond and two sureties, subject to standard conditions and the possibility of cancellation for breach.
Issues considered
- What is the appropriateness of granting bail to the accused in a case involving Sections 498A, 304B IPC and Sections 3/4 Dowry Prohibition Act where the death appears to be a suicide?
- Does the absence of a charge‑sheet and the applicant’s clean criminal record justify bail despite the serious nature of the offences?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 498A
Subjects
- bail
- criminal procedure
- IPC 498A
- IPC 304B
- Dowry Prohibition Act
- suicide
- false allegation
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9399 of 2026
Aman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri
Vijay Kumar, learned AGA-I for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 769 of 2019, under Sections 498A, 304B IPC and
Section 3/4 D.P. Act, Police Station Sadar Bazar, District Saharanpur during
pendency of the trial.
3. Learned counsel for the applicant submits, applicant is Devar of the
deceased and on the basis of false allegation he has been made accused in
the present matter.
4. He further submits, even during investigation involvement of the applicant
was found false and no charge-sheet was filed against him and during trial
under Section 319 Cr.P.C. he has been summoned. He further submits, even
post mortem report of the deceased suggests that deceased died due to
hanging, therefore, it appears to be a case of suicidal death.
5. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 16.02.2026.
6. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the
case.
8. Considering the argument advanced by learned counsel for the applicant
and the fact that applicant is Devar of the deceased and there is no specific
BAIL No. 9399 of 2026
2
allegation against him and he has been summoned during trial under Section
319 Cr.P.C. and deceased died due to hanging and applicant is not having
any criminal history and in the present matter he is in jail since 16.02.2026,
in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
10. Let the applicant - Aman 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.
11. 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.
12. 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 19, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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