Allahabad High Court
Anees Ansari vs State Of U.P. on 23 July, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:120682 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25329 of 2025 Applicant :- Anees Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mohammad Waseem, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in S.T. No.98 of 2025, arising out of Case Crime No. 631 of 2024, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Bhojipura, District- Bareilly, during the pendency of trial.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Muslim Rites on 16.10.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 16.9.2024.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed and there is no explanation of the said delay caused.
6. Learned counsel for the applicant has further stated that the inquest proceedings were complete on 16.9.2024 at 04:20 p.m. well before the institution of FIR and the family members of the informant were present at that stage, but they have not whispered a single word against the applicant regarding demand of dowry at that time. The FIR has been instituted as an afterthought.
7. Learned counsel for the applicant has further submitted that the deceased was suffering from anxiety neurosis which is but evident from the medical report annexed as Annexure-7 to the affidavit filed with bail application. The deceased got a tendency to commit suicide as earlier on also on 2.2.2023 she had attempted to do so. The said fact stands fortified from Annexure-8 to the affidavit filed with bail application, whereby the deceased was admitted in hospital on 2.2.2023 and was discharged on 3.2.2023. Even her GCS (Glasgow Coma Scale) score was E1V1M3, which indicates that she was gasping.
8. It is further argued by learned counsel for the applicant that the deceased had committed suicide out of depression and the cause of death was asphyxia as a result of antemortem hanging. Even the FIR does not mention as to what was demanded in dowry, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Learned A.G.A. has vehemently opposed the bail application.
10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being no specific demand of dowry in the FIR coupled by the fact that deceased had attempted to commit suicide earlier on also, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
11. Let the applicant- Anees Ansari, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 23.7.2025 Vikas (Justice Krishan Pahal)