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

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

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the applicant Santosh Kumar should be granted bail in Case Crime No. 239 of 2023 (Police Station-Utraon, District-Prayagraj), under Sections 498A, 304B, 506 I.P.C. and Section 3/4 of D.P. Act, during the pendency of trial.

Court's answer

Taking into account that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court concluded that the applicant had made out a case for bail and accordingly allowed the bail application.

Ratio / Principle

The applicant was ordered to be released on bail upon 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 the release order is issued.

Key takeaways

Release on bail was made subject to conditions: (i) the applicant shall not tamper with evidence during trial; (ii) the applicant shall not pressurize/intimidate the prosecution witnesses; and (iii) the applicant shall appear before the trial court on the date fixed.ratio¶15
Breach of any of the imposed bail conditions shall constitute a ground for cancellation of bail.ratio¶16
The observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Detailed headnote1 paragraphs

Allahabad High Court (Justice Krishan Pahal), by order dated 7.8.2025, allowed the criminal miscellaneous bail application of Santosh Kumar seeking release during the pendency of trial in Case Crime No. 239 of 2023, Police Station-Utraon, District-Prayagraj, under Sections 498A, 304B, 506 I.P.C. and Section 3/4 of D.P. Act. The decisive factor recorded was that the witnesses of fact — the informant (PW-1) and the victim's brother (PW-2) — having been examined during trial, completely resiled from their earlier statements and were declared hostile and cross-examined by the public prosecutor; the State (A.G.A.) did not dispute the absence of any criminal history of the applicant, who has been in jail since 18.12.2023. Bail was allowed without expressing any opinion on the merits, on furnishing a personal bond and two sureties each in the like amount (sureties to be verified before the release order), subject to conditions barring tampering with evidence and intimidation of prosecution witnesses and requiring attendance before the trial court on fixed dates, breach whereof would ground cancellation of bail; the Court clarified that its observations shall not affect the trial Judge's independent assessment of witness testimony.

Neutral Citation No. - 2025:AHC:133800

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16781 of 2025

Applicant :- Santosh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar,Subhash Chandra Mishra Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Subhash Chandra Mishra, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 239 of 2023, under Sections 498A, 304B, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Utraon, District-Prayagraj, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant and brother of victim have been examined during trial as PW-1 and PW-2, respectively, during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile.

It is further argued by learned counsel for the applicant that there is no likelihood of conviction of the applicant in the present case. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 18.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witnesses have turned hostile.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence

on record, and taking into consideration that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Santosh Kumar , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 7.8.2025 Karan

(Justice Krishan Pahal)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad