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

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

What the court decided

AI extract

Outcome

Release of the applicant Golu 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 the release order is issued), subject to the conditions that he shall not tamper with evidence during trial, shall not pressurize/intimidate the prosecution witnesses, and shall appear before the trial court on the dates fixed.

Issue for consideration

Whether applicant Golu, accused in Case Crime No.103 of 2024 (Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Mahewaghat, District Kaushambi), is entitled to be released on bail during the pendency of trial.

Ratio / Principle

Taking into account the facts and circumstances, the submissions of counsel, the evidence on record, and especially that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.

Key takeaways

The bail application of the applicant Golu is allowed.ratio¶13
The applicant is 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, subject to specified conditions, with the sureties to be verified before issuance of the release order.ratio¶14
Breach of any of the imposed bail conditions shall constitute a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 65), single bench — Hon'ble Krishan Pahal, J. — Neutral Citation No. 2025:AHC:107641 — Crl. Misc. Bail Application No. 19469 of 2025 — Order dated 8.7.2025. Bail ALLOWED to applicant Golu in Case Crime No. 103 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Mahewaghat, District Kaushambi, during the pendency of trial. Basis: prosecution witnesses PW-1, PW-2 and PW-3 examined during trial have completely resiled from their earlier statements and were declared hostile and cross-examined by the public prosecutor; applicant has no criminal antecedent; applicant languishing in jail since 16.5.2024. Learned A.G.A. opposed the application but conceded there is no criminal history and the witnesses have turned hostile. Bail granted on furnishing a personal bond and two sureties each in the like amount, sureties to be verified before the release order; conditions imposed — not to tamper with evidence during trial, not to pressurize/intimidate prosecution witnesses, and to appear before the trial court on dates fixed; breach to be a ground for cancellation of bail. Observations in the bail order expressly not to affect the trial judge's independent opinion based on testimony of witnesses.

Neutral Citation No. - 2025:AHC:107641

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19469 of 2025

Applicant :- Golu Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Anil Kumar, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.103 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police StationMahewaghat, District- Kaushambi, 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 prosecution witnesses PW-1, PW-2 and PW-3 examined during trial 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 16.5.2024 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- Golu , 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 :- 8.7.2025 Vikas

(Justice Krishan Pahal)

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad