Manoj Yadav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Manoj Yadav Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Manoj Yadav to be released on bail on furnishing a personal bond and two sureties each in the like amount, sureties to be verified before the release order, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court on dates fixed; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Manoj Yadav, accused in Case Crime No. 49 of 2023 under Sections 498A, 304B, 328 IPC and Section 3/4 of D.P. Act (P.S. Rampur Manjha, district Ghazipur), should be released on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record, and specifically the four-month delay in institution of the FIR without explanation, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail.

Ratio / Principle

The applicant Manoj Yadav was ordered 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.

Key takeaways

Bail was made subject to conditions: the applicant shall not tamper with evidence during trial, shall not pressurize or intimidate prosecution witnesses, and shall appear before the trial court on the date fixed.ratio¶9
Breach of any of the bail conditions shall constitute a ground for cancellation of bail.ratio¶10
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.obiter

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Justice Krishan Pahal) allowed the Criminal Misc. Bail Application No. 17540 of 2025 of Manoj Yadav, who sought bail in Case Crime No. 49 of 2023 (Police Station-Rampur Manjha, District-Ghazipur) under Sections 498A, 304B, 328 IPC and Section 3/4 of D.P. Act during the pendency of trial. Taking into account the four-month delay in institution of the FIR without explanation (the application to the S.S.P. having been moved only after one month twenty-three days), and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail. He was directed to be released on a personal bond and two sureties each in the like amount, sureties to be verified beforehand, subject to conditions barring tampering with evidence and pressurizing of witnesses and requiring appearance on trial dates, breach being a ground for cancellation; the Court clarified that its observations would not affect the trial Judge's independent opinion.

Neutral Citation No. - 2025:AHC:110395

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17540 of 2025

Applicant :- Manoj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai,Shashi Dhar Goswami Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Pradeep Kumar Rai, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No. 49 of 2023, under Sections 498A, 304B, 328 IPC and Section 3/4 of D.P. Act, Police Station-Rampur Manjha, District-Ghazipur, during the pendency of trial.

As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 08.02.2019, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of Rs 3,00,000/- as dowry, thereby leading her to death on 05.03.2023.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about four months, even the application to the S.S.P. was moved after one month twenty three days and there is no explanation of the said delay caused. The cause of death could not be ascertained, as such, Viscera was preserved and Aluminium Phosphide was found in it after the chemical examination.

It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 09.10.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not

misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there is delay of four months in institution of FIR without explanation to the said delay caused 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- Manoj Yadav , 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 :- 10.7.2025 Karan

(Justice Krishan Pahal)

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