[Cites 9, Cited by 0]
Allahabad High Court
Ashok Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 3 April, 2026
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:23391
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 2399 of 2026
Ashok Kumar Singh
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
.....Opposite Party(s)
Counsel for Applicant(s)
:
Atul Verma, Ajay Kumar Rai, Akhilendra Pratap Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 13
HON'BLE MANISH KUMAR, J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. By means of this application preferred under Section 483 BNSS, the applicant, who is involved in Crime No. 19/2026, under Sections 85/80(2) BNS (corresponding Sections 498-A/304-B IPC) & 3/4 Dowry Prohibition Act, Police Station- Bakshi ka Talab, District Lucknow is seeking enlargement on bail during the trial.
3. Brief facts of the present case are that an FIR dated 16.01.2026 has been lodged under Sections 85/80(2) BNS (corresponding Sections 498-A/304-B IPC) and Section 3/4 of Dowry Prohibition Act against four named accused persons including the present applicant (the father in law of the deceased) alleging therein that the sister of the informant married to Durgesh Singh, son of the applicant on 01.12.2020 and after marriage, all the named accused persons started harassing physically and mentally to the sister of the informant by making dowry demand and when the same was not fulfilled, all the named accused persons killed her on 16.01.2026 and thereafter hanged her.
4. Learned counsel for the applicant has submitted that the FIR has been lodged against all the family members by making general and omnibus allegations and has falsely implicated the whole family including the present applicant, who is father in law of the deceased.
5. It is further submitted that the prosecution story does not find support from the medical report of the deceased as there is no injury shown on the body of the deceased except the injury which originates from the cause of death i.e. asphyxia due to ante mortem hanging. It is a case of suicide.
6. It is further submitted that the Smt. Asha Singh i.e. the mother in law of the deceased has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 13.03.2026 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 407 of 2026, copy of which has been provided during the course of hearing, which is taken on record.
7. It is further submitted that all the family members have been implicated in the present case by making similar allegation against everyone and the Hon'ble Supreme Court in the case of Geeta Mehrotra and Ors vs. State of U.P. and Ors. [(2012) 10 SCC 741], wherein it has been held that the mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the tendency of over implication.
8. It is further submitted that it is a case of suicide and the Hon'ble Supreme Court in the case of Mangat Ram vs. State of Haryana [(2014) INSC 214] has held that there are several cause or reasons for a woman to commit suicide.
9. It is further submitted that as per the law laid down by Hon'ble Supreme Court in the case of Payal Sharma vs. State of Punjab & Anr. passed in SLP (Crl.) No. 3995 of 2022 dated 26.11.2024, wherein it has been observed that in matrimonial disputes exaggerated version of the incident are reflected by making allegation against all the family members and the Court should be extremely careful and cautious in dealing with such complaints.
10. It is further submitted that the applicant has no criminal history and he is in jail since 20.09.2025.
11. Learned AGA on the basis of instructions received opposes the prayer for bail but unable to dispute the submission made by learned counsel for the applicant factually as well as on the basis of the law laid down by Hon'ble Supreme Court.
12. After considering the submissions of the respective counsels it is found that there are general allegations against the family members, which has been deprecated by Hon'ble Supreme court in the case of Geeta Mehrotra (supra); there was no injury on the body of the deceased; as per the medical report and the statement of the doctor cause shown of death is Asphyxia due to ante mortem hanging, prima facie, it does not corroborate with story in the FIR and the statement of informant; as per the settled law in the case of Mangat Ram (supra) wherein it has been held that there are several cause or reasons for a woman to commit suicide; there is no eye-witness of the incident; thus, prima facie, the applicant has made out a case for grant of bail.
13. Accordingly, the instant bail application is allowed.
14. Let the applicant- Ashok Kumar Singh be released on bail in the aforesaid case crime number on his 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 will cooperate with the prosecution during trial.
(ii) The applicant will not tamper with the evidence during trial.
(iii) The applicant will not pressurize/intimidate the prosecution witness(es).
(iv) The applicant shall not commit an offence.
(v) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.
(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.
(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
15. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
16. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.
(Manish Kumar,J.)
April 3, 2026
Nitesh
