Vinod Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. By means of this application, the applicant, who is involved in Case Crime No.88/2026, Under Section 85, 80(2) BNS (Section 498A, 304-B I.P.C.) and Section 3/4 D.P. Act, Police Station - Fakharpur, District - Bahraich, is seeking enlargement on bail during the trial.

3. The brief facts of the case are that an F.I.R. dated 18.03.2026 has been lodged under Sections 85, 80(2) BNS and Section 3/4 D.P. Act against four named accused persons including the present applicant, who is the father-in-law of the deceased alleging therein that the marriage of the daughter of the informant was solemnized with Pramanand five years ago and her daughter had committed suicide on 16.03.2026 for the reason that the named accused persons used to harass her for dowry demand.

4. Learned counsel for the applicant has submitted that it is an admitted case of the informant that the marriage of the deceased was solemnized five years ago the deceased had committed suicide. The applicant has fasely been implicated in the present case, even there is no specific allegation of any dowry demand against the applicant.

5. Learned counsel for the applicant has further submitted that the cause of death is asphyxia as a result of ante-mortem hanging. The ligature mark and other findings are consistent with hanging.

6. It is further submitted that the co-accused (Kalawati), who is mother in law of the deceased has approached this Court by filing Criminal Misc. Bail Application No. 3117 of 2026 in which an order has been passed on 30.04.2026 granting her bail. Copy of the bail order has been produced during course of argument, which is taken on record. The evidence/allegation against the mother in law and against the present applicant, who is father in law of the deceased is the same. Hence, the applicant is entitled for parity of bail.

7. It is further submitted that the applicant (about 60 years old) has no criminal history and is in jail since 19.03.2026.

8. On the other hand, learned AGA on the basis of instructions received has opposed the prayer for bail but is unable to dispute the submissions made by learned counsel for the applicant for grant of parity of bail order passed in favour of the co-accused Kalawati.

9. Considering the submissions of the respective counsels and going through the record of the case, prima facie, it is found that in the F.I.R. there is no specific averment regarding dowry demand made by the applicant. The deceased was married with co-accused Parmanand five years ago. The allegation made against all the family members are vague, general and omnibus in nature and the ocular evidence alleged by the informant does not corroborate with the post-mortem report i.e. as per post mortem report there was no injury either external or internal on the body of the deceased, the cause of death is asphyxia due to ante mortem hanging; the co-accused namely Kalawati, who is mother in law of the deceased having similar evidence/allegation has already been granted bail by this Court; thus, prima-facie, it is found that it is a fit case in which the applicant may be enlarged on bail on the ground of parity.

10. Accordingly, the instant bail application is allowed.

11. Let the applicant- Vinod Kumar 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 her 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.

12. 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.

13. 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.)

May 6, 2026

Nitesh