Bhola Vs State of U.P. Thru. Prin. Secy. Home Lko — Dowry and Cruelty | Allahabad HC (2025)

Bhola Vs State of U.P. Thru. Prin. Secy. Home Lko — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted: applicant to be released on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions (a) undertaking to attend hearings, (b) not committing any similar offence, and (c) not inducing, threatening or tampering with persons acquainted with the facts or the evidence.

Issue for consideration

Whether the applicant Bhola is entitled to be enlarged on bail in FIR No.103 of 2024 under Sections 498A, 304B IPC and Sections 3/4 of the D.P. Act.

Court's answer

Considering the post-mortem report, the absence of any allegation that the victim was subjected to mental or physical harassment in relation to demand of dowry soon before her death, the applicant having no criminal history and being in custody since 20.10.2024, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant Bhola is to be released on bail in FIR No.103 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions of attending hearings, not committing similar offences, and not inducing or tampering with witnesses or evidence.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. — Bail allowed in a dowry-death case. The applicant sought bail in FIR No.103 of 2024, P.S. Kotwali Murtiha, District Bahraich, under Sections 498A, 304B IPC and Sections 3/4 of the D.P. Act, on the allegation that his wife of four years was killed by the entire matrimonial family; it was argued that the post-mortem showed only one abraded contusion over the neck. Allowing the application, the Court relied on the post-mortem report, the absence of any allegation that soon before the death the victim was subjected to mental or physical harassment in relation to demand of dowry, the applicant's lack of criminal history, and his custody since 20.10.2024, and directed release on a personal bond with two sureties of Rs.20,000/- each, imposing standard conditions against absconding, repetition of offences and tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 269 of 2025

Bhola

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko

		.....	Opposite Party(s)
Counsel for Applicant(s)	: Lalu Prasad Sharma	Bhatt, Pawan	Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant seeks enlargement on bail in FIR No.103 of 2024, under Section 498A, 304B IPC & Section 3/4 of D.P. Act, P.S. Kotwali Murtiha, District Bahraich.

3. In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant four years ago. Subsequently, she was killed by the entire matrimonial family. It is argued that in the post-mortem report only one abraded contusion was seen over the neck.

4. Learned AGA has opposed the bail application.

5. Considering the post-mortem report and the fact that there is no allegation that soon before the death, the victim was subjected to any mental or physical harassment in relation to demand of dowry coupled with the fact that the applicant has no criminal history and is in custody since 20.10.2024, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed .

6. Let the applicant Bhola be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

BAIL No. 269 of 2025

2

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Pankaj Bhatia,J.)

October 9, 2025

nishant

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench