Allahabad High Court

Hukum Chandra vs State Of U.P. Thru. Prin. Secy Home Lko. on 11 September, 2025

Author:
Karunesh Singh Pawar

Bench:
Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Neutral Citation No. - 2025:AHC-LKO:55305

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2004 of 2024

Hukum Chandra

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s)

:

Wasim Ahmad

Counsel for Opposite Party(s)

:

G.A.

Court No. - 12

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application under
Section 438
Cr.PC./482 BNSS has been filed by the applicant- Hukum Chandra seeking anticipatory bail in Case Crime No. 0046 of 2024, under
Sections 498A
,
I.P.C. Police Station Machrehta, District Sitapur.

This Court vide order dated 3.9.2024 has passed the following order granting interim anticipatory bail to the applicant:-

"1. The present application has been filed by the applicant Amarpal seeking anticipatory bail in F.I.R. No.0046 of 2024, under
Sections 498A
/
I.P.C
. Police Station Machrehta, District Sitapur.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. In the prosecution case, it is alleged that the sister of the informant was married 10 years ago with the accused Hukumchandra (applicant). Ramsevak is brother-in-law of Hukumchandra and Shivlal is Mama of Hukumchandra. It is alleged that due to fact that his sister was not able to conceive, the accused persons with common intention used to torture the deceased since after two years of marriage and they also used to beat her and also threatened that Hukumchandra will marry again. On 26.2.2024 Hukumchandra informed the complainant that his sister has committed suicide by hanging. When he went there the dead body was lying beneath the tin shade and there were mark of injury on the neck and legs of dead body. The accused persons were absconding. He cremated the dead body. The accused persons did not participated in the cremation.

4. Learned counsel for the applicant submits that the marriage took place ten years ago. In all ten years there was no complaint made by the informant regarding the alleged cruelty committed by the accused persons upon the deceased. The applicant is husband of the deceased.

5. He submits that in the First Information Report it is admitted case of the prosecution that the accused side gave information to the complainant and cause of death is antemortem hanging. The deceased committed suicide on her own. So far as two contusion present on the back side on both thighs are concerned they may have come while bringing the dead body down. The applicant has no criminal history. Apart from bald and general allegation there is nothing against the applicant. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

Learned counsel for the applicant submits that the co-accused Amarpal who was assigned the similar role has been enlarged on bail by this Court vide order dated 20.08.2024 passed in criminal misc. bail application No. 1860 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused.

6. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He prays for and is allowed two weeks' time to file objections/counter affidavit.

7. On due consideration to the facts that the deceased was married ten years ago; cause of death is asphyxia as a result of antemortem hanging; the applicant is husband of the deceased; co-accused Amarpal has been enlarged on bail; prima facie ingredients to attract
Section 107
I.P.C. read with
Section 306
Indian Penal Code are missing, as also considering the judgment in
Sushila Aggarwal and others versus State (NCT of Delhi) and another
(2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant.

8. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

9. The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

10. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

11. List on 10.09.2024 along with Criminal Misc. Anticipatory Bail Application U/S 438
Cr.P.C
. No.1860 of 2024."

Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.

Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by this Court vide order dated 3.9.2024 is made absolute.

In view of the aforesaid, the anticipatory bail application is allowed.

(Karunesh Singh Pawar,J.)

September 11, 2025

Shravan