Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32729 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P. and perused the record. 2-The instant bail application has been filed on behalf of the applicant-Shailesh Sharma with a prayer to release him on bail in Case Crime No. 115 of 2025, under Sections 85, 80(2) of B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Khuthan, District- Jaunpur during the pendency of trial. 3-As per the prosecution case in brief, complainant-Sanjay Kumar who is father of the deceased-Shreejal Sharma got a first information report lodged on 18.04.2025 against Shailesh Sharma, Bhawani Prasad Sharma, Durgesh Sharma, Ruchi Sharma, Abhishek Sharma and Tripti Sharma who are husband, father-in-law, brothers-in-law (jeth) and sisters-in-law (jethani) of the deceased respectively stating inter-alia that the marriage of his daughter was solemnized on 07.03.2025 with the present applicant but after the said marriage, her in-laws started her harassment. The accused Ruchi Sharma, who is bhabhi of husband of the deceased, used to harass her for demand of dowry, hence, on 17.04.2025, his daughter was done to death in her matrimonial home. 4-It is argued by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this Versus Counsel for Applicant(s) : Bal Ram Bind Counsel for Opposite Party(s) : G.A. Shailesh Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
case. In the F.I.R., general role of harassment has been levelled against all the accused persons and the allegation of demand of dowry has been levelled only against Ruchi Sharma. He next submits that in fact, applicant is a handicapped person to the extent of 60% therefore the deceased was not satisfied with him and on account of the said reason, she committed suicide. Referring the statement of the complainant, it is next pointed out that the information about the said incident was given by the applicant himself, on which the family members of the deceased came to his house. On the said information, police also reached at the house of the applicant and the dead body of the deceased was taken out from the room after breaking it's door. Thereafter, the inquest proceedings was conducted and the dead body was sent for post-mortem.
After conducting the post-mortem of the deceased on 18.04.2025 at 03:00 p.m., her cremation was done. Thereafter, F.I.R. was lodged on 18.04.2025 at 04:02 p.m. The applicant has no criminal antecedent and is languishing in jail since 19.04.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per post-mortem report, cause of death of the deceased is asphyxia as a result of ante-mortem hanging and except a ligature mark, no other injury was found on the body of the deceased. It is also not in dispute that the dead body of the deceased was taken out from the room after breaking it's door. The information about the said incident was given by the applicant to the family members of the deceased. 7-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. BAIL No. 32729 of 2025 2
8-Let the applicant-Shailesh Sharma @ Shailesh Kumar Sharma be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 23, 2025 Saurabh BAIL No. 32729 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad