# Mahesh Kumar Yadav v. State of U.P

- **Citation:** (2023) 9 ILRA 21
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-09-21
- **Case number:** Criminal Misc. Bail Application No. 9465 of 2023
- **Bench:** Brij Raj Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/mahesh-kumar-yadav-v-state-of-u-p-50783
- **Pages:** 3

## Headnote

Law-Criminal
Procedure
Code,1973-Section 439 - Indian Penal
Code,1860-Sections 498-A & 304-B -3/4
D.P. Act- the deceased was suffering from
schizophrenia bipolar disorder and she
committed suicide-the applicant himself
got treated his wife continuously for one
year which is evident from the medical
papers-
general
allegation
of
dowry
demand is levelled and there was no prior
information of any harassment and dowry
demand- the case of the applicant is
supported by the medical jurisprudence of
Modi and the deceased was suffering from
bipolar
disorder
that
is
why
she
committed suicide-prior to present case,
no
FIR
was
ever
lodged
by
the
complainant or the deceased against the
applicant or in-laws and after 3 years and
11 months when this incident occurred,
the allegation of dowry demand has been
levelled against the applicant and his
family members-The applicant has no
previous criminal history-Therefore, the
applicant is entitled to be released on bail
on the ground of parity.(Para 1 to 8)

The application is allowed. (E-6)
List of Cases cited:
Mariano Anto Burno & anr. Vs Insp. of Police
(2022) SCC Online SC 1387

## Text

9 All. Mahesh Kumar Yadav Vs. State of U.P.
21
(2023) 9 ILRA 21
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 21.09.2023

BEFORE

THE HON'BLE BRIJ RAJ SINGH, J.

Criminal Misc. Bail Application No. 9465 of 2023

Mahesh Kumar Yadav ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Ashish Kumar Maurya, Vikas Vikram Singh

Counsel for the Opposite Party:
G.A.

A.
Criminal
Law-Criminal
Procedure
Code,1973-Section 439 - Indian Penal
Code,1860-Sections 498-A & 304-B -3/4
D.P. Act- the deceased was suffering from
schizophrenia bipolar disorder and she
committed suicide-the applicant himself
got treated his wife continuously for one
year which is evident from the medical
papers-
general
allegation
of
dowry
demand is levelled and there was no prior
information of any harassment and dowry
demand- the case of the applicant is
supported by the medical jurisprudence of
Modi and the deceased was suffering from
bipolar
disorder
that
is
why
she
committed suicide-prior to present case,
no
FIR
was
ever
lodged
by
the
complainant or the deceased against the
applicant or in-laws and after 3 years and
11 months when this incident occurred,
the allegation of dowry demand has been
levelled against the applicant and his
family members-The applicant has no
previous criminal history-Therefore, the
applicant is entitled to be released on bail
on the ground of parity.(Para 1 to 8)

The application is allowed. (E-6)
List of Cases cited:
Mariano Anto Burno & anr. Vs Insp. of Police
(2022) SCC Online SC 1387

(Delivered by Hon'ble Brij Raj Singh, J.)

1. Supplementary affidavit filed on
behalf of the applicant, is taken on record.

2. Heard Vikas Vikram Singh, learned
counsel for the applicant and Sri Rajesh
Kumar Singh learned A.G.A.-I for the
State.

3. The present bail application has
been filed by the applicant with a prayer to
enlarge him on bail in Case Crime No.180
of 2023 under Sections 498-A, 304-B IPC
and 3/4 Dowry Prohibition Act, Police
Station Bhadokhar District Raebareli

4. It has been submitted by learned
counsel for the applicant that the deceased
was missing alongwith her one year and
half month of child on 18.04.2023.The
dead body of child was recovered on
19.04.2023 and dead body of the deceased
was recovered on 20.04.2023 from Sharda
Canal. FIR was lodged by the father of the
deceased mentioning therein that his
daughter (deceased) was married with the
applicant on 23.05.2019. The applicant and
his family members used to harass his
daughter
and
they
were
demanding
additional dowry. The allegation levelled in
the FIR is to the effect that the complainant
was asked by the applicant to register the
agricultural land in his favour because the
complainant had no male issue. Learned
counsel for the applicant has submitted that
the
deceased
was
suffering
from
schizophrenia and schizoaffective disorderbipolar deceased. He has invited attention
of this Court towards Annexure no.6 to the
affidavit filed in support of the bail
application which is the papers of All India
22 INDIAN LAW REPORTS ALLAHABAD SERIES
Institute of Medical Science Raebareli. It
has been submitted by learned counsel for
the applicant that the deceased was further
treated by private doctor Sri G.S. Verma,
Verma, Neuro Psychiatric Centre, Raebareli
. The medical papers are annexed as
Annexure no.7 to the affidavit filed in
support of the bail application. Thereafter
the deceased was treated by Dr. R.K.
Thukral in Lucknow. The diagnosis has
been mentioned by the doctor that the
deceased is suffering from "Schizophrenia
(simple type with paranoid features)3 with
Co-existing
mixed
Anxiety
Depressive
Symptoms with Decline in Social, Cognitive
&
Occupational
Performance
with...
Schizoaffective disorder-bipolar type with
H/o few Episodes in the past" The medical
papers dated 01.04.2023 are annexed as
annexure no.8 to the affidavit filed in
support
of
the
bail
application.The
necessary pleadings have been made by the
applicant in the affidavit from paragraph 14
to 18 regarding medical treatment done to
the deceased. In reply to the said
paragraphs no.14-18, it has been stated by
the State in the counter affidavit that for
three years just after marriage, no medical
papers have been shown by the applicant
rather the treatment has been done between
the years 2022-2023 but the medical papers
and medical treatment of the deceased have
not been denied by the State.

5. Learned counsel for the applicant
has relied upon the paragraph nos. 34, 37
and 38 of the judgment passed in Hon'ble
Supreme Court in the case Mariano Anto
Burno and another Vs. Inspector of Police
reported in 2022 SCC Online SC 1387
where the Apex Court has observed that
with respect to bipolar disorder with which
the deceased was suffering, it refers to a
disorder associated with episodes of mood
swings ranging from depressive lows to
manic highs. Learned counsel for the
applicant has submitted that a person
suffering from bipolar disorder becomes
sad hopeless or irritable most of the time.
Learned counsel for the applicant has
submitted that general allegation of dowry
demand is attributed and the deceased
committed suicide by drowning herself
alongwith infant child of one and half
year.It cannot be said that the applicant
would drown his own daughter alongwith
deceased which is quite unnatural. He also
relied uponin para -3 under Chapter
XXXIII of Modi's Medical Jurisprudence
and Toxicology and has submitted that the
case of the applicant is supported by the
medical jurisprudence of Modi and the
deceased was suffering from bipolar
disorder that is why she committed suicide.
Learned counsel for the applicant has
mentioned in paras nos. 3 and 4 of the
supplementary affidavit that prior to
present case, no FIR was ever lodged by
the complainant or the deceased against the
applicant or in-laws and after 3 years and
11 months when this incident occurred, the
allegation of dowry demand has been
levelled against the applicant and his
family members.The applicant has no
previous criminal history and there is no
possibility of fleeing away from the judicial
process or tempering with the witnesses
and in case, the applicant is enlarged on
bail, he shall not misuse the liberty of bail.
The applicant is in jail since 15.05.2023.

6. On the other hand, Sri Rajesh Kumar
Singh, learned A.G.A.-I has opposed the prayer
for bail and has submitted that it is case of
dowry death. The statement of the complainant-
father of the deceased has also been recorded
under section 161 Cr.P.C. in which he has
mentioned that applicant used to ask him to
register the land in his favour because he has no
male issue and on this pressure his daughter
9 All. Jose Papachen & Anr. Vs. State of U.P. & Anr.
23
was suffering from bipolar disorder that is why
she committed suicide.He also submitted that
the allegation of dowry demand is levelled and
the marriage has taken prior to four years
therefore, section 304-B and 113 of the
Evidence Act is attracted and the applicant is
not entitled for bail.

7. Without expressing any opinion on the
merits of the case and after hearing learned
counsel for the parties and looking into overall
facts and circumstances of the case as well as
the argument that the deceased was suffering
fromschizophrenia bipolar disorder and she
committed suicide, the argument that the
applicant himself got treated his wife
continuously for one year which is evident from
the medical papers annexed in the affidavit filed
in support of the bail application, the argument
that general allegation of dowry demand is
levelled and there was no prior information of
any harassment and dowry demand, therefore, I
am of the opinion that the applicant is entitled to
be released on bail on the ground of parity.

8. Let the applicant, namely, Mahesh
Kumar Yadav, be released on bail in the above
case crime number on his furnishing a personal
bond and two sureties each in the like amount
to the satisfaction of Court concerned with the
following conditions :-

(i) The applicant shall file an
undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case
of default of this condition, it shall be open for
the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.

(ii) The applicant shall remain
present before the trial court on each date fixed,
either personally or through his counsel. In case
of his absence, without sufficient cause, the trial
court may proceed against him under Section
229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the
liberty of bail during trial and in order to secure
his presence proclamation under Section 82
Cr.P.C. is issued and the applicant fails to
appear before the court on the date fixed in such
proclamation, then the trial court shall initiate
proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal
Code.

(iv) The applicant shall remain
present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of
statement under Section 313 Cr.P.C. If in the
opinion of the trial court absence of the
applicant is deliberate or without sufficient
cause, then it shall be open for the trial court to
treat such default as abuse of liberty of bail and
proceed against him in accordance with law.

It is made clear that the observations
made in this order are limited to the purpose
of determination of this bail application and
will in no way be construed as an expression
on the merits of the case. The Trial Court
shall be absolutely free to arrive at its
independent conclusions on the basis of
evidence led unaffected by anything in this
order.
----------
(2023) 9 ILRA 23
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 06.09.2023

BEFORE

THE HON'BLE SHAMIM AHMED, J.

Criminal Appeal No. 877 of 2023

Jose Papachen & Anr. ...Appellants
Versus
State of U.P. & Anr. ...Respondents

Counsel for the Appellants:
Vishva Nath Pratap Singh