Sunil Gupta vs State Of U.P.

1. Heard Sri Gaurav Tiwari, learned counsel for the applicant, Sri Kunwar Tejendra Bahadur Singh, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Session Trial No. 82 of 2026 arising out Case Crime No.0171 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Anpara, District Sonbhadra, during pendency of the trial.

3. Learned counsel for the applicant submits, however, applicant is husband of the deceased but on the basis of false allegation he has been made accused in the present matter.

4. He further argued actually deceased was highly sensitive and short tempered lady and, therefore, very often on minor matrimonial issues she used to create scene and, therefore, very often dispute arose between husband and wife and their matrimonial relationship was not cordial and earlier when matrimonial dispute arose between husband and wife then mater travelled upto to local police and before the police on 11.7.2025 a compromise was executed between deceased and applicant which has been annexed at page 63 of the paper book and this compromise clearly suggests deceased used to quarrel in her matrimonial home and she admitted this fact and even assured that in future she will peacefully live along with the applicant but unfortunately deceased could not change herself and again started quarrel with the applicant and his family members and when one day applicant in frustration severely scolded her then she in rash and anger committed suicide by hanging but after her death on the basis of false allegation her brother lodged F.I.R. of the present case.

5. He further submits, post mortem report of the deceased also suggests she died due to hanging and apart from the ligature mark she did not sustain any other injury and even her hyoid bone was found intact and, therefore, prima facie, it appears to be a case of suicidal death.

6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.10.2025 i.e. for last more than 6-1/2 months.

7. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for applicant.

8. I have heard learned counsel for the parties and perused the record of the case.

9. However, applicant is husband of the deceased and his wife died in her matrimonial home under abnormal circumstances within 2-1/2 years of her marriage and there is also allegation of torture for demand of Rs. 50,000/-, but post mortem report suggests deceased died due to hanging and apart from the ligature mark she did not sustain any other injury and even her hyod bone was found intact and, therefore, prima facie, it appears to be a case of suicidal death.

10. Further, as per applicant deceased was short tempered lady and she used to quarrel in her matrimonial home and only due to her nature, on minor matrimonial issue, she committed suicide by hanging and to demonstrate the truth of his defence, along with the instant bail application applicant also annexed a compromise dated 11.07.2025 executed between the applicant and the deceased. This compromise has not been controverted by learned A.G.A. From the compromise it reflects deceased admitted his mistake and stated that in future she will peacefully live along with the applicant in her matrimonial home and will not make any quarrel.

11. Considering the compromise dated 11.07.2025 executed between the applicant and deceased, the reasons of suicide disclosed by the applicant in the instant bail application can not be completed brushed aside at this stage.

12. This Court is of the view that in case of dowry death where, prima facie, it appears deceased committed suicide if either husband or his family member discloses probable reason of suicide committed by her then their bail application should not be withheld.

13. Further, applicant is not having any criminal history and in the present matter he is in jail since 18.10.2025 i.e. for last 6-1/2 months.

14. Further law is settled bail is a rule while jail is an exception and bail should not be dismissed either for preventive or punitive purpose.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant -Sunil Gupta 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.

18. 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.

19. 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.

(Sameer Jain,J.)

May 7, 2026

Kumar Manish