Bail may be granted to a father-in-law in dowry death cases based on parity with co-accused, lack of specific allegations, and medical evidence (such as an intact hyoid bone) suggesting suicide.

Court No. - 66

1. Heard Ms. Amrita Kashyap, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State.

2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 177 of 2025, under Sections 85 , 80(2), 108 BNS and Section 3 /4 D.P. Act , Police Station Chaurakhas, District Kushinagar during pendency of the trial.

3. Learned counsel for the applicant submits, applicant is father-in-law of the deceased and on the basis of false allegation he has been made accused in the present matter along with others including mother-in-law of the deceased Gomti and co-accused Gomti has been released on bail by this Court vide order dated 27.04.2026 passed in Criminal Misc. Bail Application No. 13753 of 2026 and as far as allegations are concerned, the case of applicant is at par with her.

4. She further submits, even post mortem report suggests that deceased died due to hanging and her hyoid bone was found intact and apart from the ligature mark deceased did not sustain any injury, therefore, prima facie it appears to be a case of suicidal death and it appears, some dispute arose between husband and wife and thereafter she committed suicide and after her death only being father-in-law applicant has also been made accused in the present matter.

5. She next submits, even deceased died after six years of her marriage and this fact again shows that actually it is not a case of dowry death as it is hard to believe that after six years of her marriage in-laws of the deceased would torture her for demand of dowry.

6. She further submits, there is no specific allegation against applicant and he is not having any criminal history and in the present matter he is in jail since 31.12.2025.

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

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

9. However, daughter-in-law of the applicant died within seven years of her marriage under abnormal circumstances in her matrimonial home and there is also allegation of torture for demand of dowry but applicant is father-in-law of the deceased and there is no specific allegation against him and even bail application of mother-in-law of the deceased after considering entire facts of the case has been allowed and as far as allegations are concerned, the case of applicant is at par with her.

10. Further, even post mortem report suggests that deceased died due to hanging and apart from the ligature mark deceased did not sustain any injury and even her hyoid bone was found intact, therefore, prima facie it appears to be a case of suicidal death. Considering the fact that applicant is father-in-law of the deceased, the reason of suicide disclosed by learned counsel for applicant during the course of argument cannot be ruled out at this stage.

11. Further, applicant is not having any criminal history and in the present matter he is in jail since 31.12.2025.

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

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

14. Let the applicant -

Bhagwat Nishad

be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like a