Amit Kumar vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Amit Kumar vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Amit Kumar on bail on furnishing a personal bond and two sureties each in the like amount, with sureties verified before issuance of the release order, subject to the conditions that he shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition to constitute ground for cancellation of bail.

Issue for consideration

Whether Amit Kumar, implicated in Case Crime No. 718 of 2024 under Sections 80(2) and 85 B.N.S. and 3/4 D.P. Act (Police Station Jalalabad, District Shahjahanpur), is entitled to release on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, submissions of counsel and evidence on record, and taking into account that the FIR is delayed by about two days with no explanation for the delay, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

Applicant Amit Kumar directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order, subject to conditions: (i) he shall not tamper with evidence during trial; (ii) he shall not pressurize/intimidate prosecution witnesses; (iii) he shall appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Detailed headnote1 paragraphs

Neutral citation 2025:AHC:110358. High Court of Judicature at Allahabad (Court No. 65), Hon'ble Krishan Pahal, J.; Criminal Misc. Bail Application No. 11237 of 2025; order dated 10.7.2025. Applicant Amit Kumar sought bail for Case Crime No. 718 of 2024, under Sections 80(2) and 85 B.N.S. and 3/4 D.P. Act, Police Station Jalalabad, District Shahjahanpur, during pendency of trial. Prosecution story: marriage solemnised with the deceased as per Hindu rites on 12.07.2024; the applicant and other family members allegedly subjected her to cruelty demanding a motorcycle and Rs. 1,00,000/- as dowry, leading to her death on 04.09.2024 at about 8:00 AM; cause of death asphyxia as a result of ante-mortem hanging; inquest prepared the same day with the family present. Counsel urged the FIR was delayed about two days without explanation, the applicant was absolutely innocent and falsely implicated, had no criminal antecedent, was in custody since 07.09.2024 and would cooperate with trial; the State Law Officer opposed. Taking the unexplained about-two-day FIR delay into consideration and expressly without expressing any opinion on the merits, the Court held the applicant made out a case for bail and allowed the application: release on furnishing a personal bond and two sureties each in the like amount, sureties to be verified before the release order, subject to conditions (no tampering with evidence; no pressurizing/intimidating prosecution witnesses; appearance before the trial court on dates fixed); breach to be ground for cancellation of bail; observations made not to affect the trial Judge's independent opinion.