Mahendra Kumar Gupta Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Mahendra Kumar Gupta Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Mahendra Kumar Gupta to be released on bail in the aforesaid FIR/Case Crime Number on furnishing a personal bond and two reliable sureties of Rs. 20,000/- each, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; and (c) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure to the Court or police, or tampering with evidence.

Issue for consideration

Whether the applicant Mahendra Kumar Gupta is entitled to be enlarged on bail in Case Crime/FIR No. 283 of 2024, Police Station Ibrahimpur, District Ambedkar Nagar, under Sections 80, 85, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961.

Court's answer

The Court was influenced by the inquest report which prima facie records that the victim died during the course of treatment, coupled with the fact that the applicant was in custody since 06.11.2024 and had no criminal antecedent.

Ratio / Principle

The applicant was held entitled to be enlarged on bail, and the bail application was allowed.

Detailed headnote1 paragraphs

Bail — granted. The applicant (husband of the deceased) sought bail in Case Crime/FIR No. 283 of 2024, Police Station Ibrahimpur, District Ambedkar Nagar, under Sections 80, 85, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961. Counsel submitted that per the FIR the deceased was married to the applicant about five years earlier, was harassed for dowry by the matrimonial family and killed; the reported cause of death was asphyxia due to strangulation (ante-mortem injury), with ligature mark, abrasion on the sub-mental area and blackening of the left upper eye, while the inquest report recorded that the victim died during treatment. Learned AGA opposed the bail application. The Court, considering that the inquest report prima facie records the victim died during the course of treatment, that the applicant was in custody since 06.11.2024 and had no criminal antecedent, held him entitled to bail and allowed the application, directing release on a personal bond and two reliable sureties of Rs. 20,000/- each with standard conditions (attendance at hearings, commission of no similar offence, and no inducement/threat/promise to dissuade disclosure or tamper with evidence). Single Judge: Pankaj Bhatia, J.; decided November 6, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 2704 of 2025

Mahendra Kumar Gupta

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s)	: Santosh Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

Heard learned counsel for the applicant as well as learned AGA for the State.

The applicants seeks enlargement on bail in Case Crime/FIR No.283 of 2024, under Sections 80, 85, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station - Ibrahimpur, District - Ambedkar Nagar.

Learned counsel for the applicant submits that in terms of the FIR it was alleged that the daughter of the informant was married with the applicant five three years ago. Subsequently, and the entire matrimonial family used to harrass her daughter for dowry and killed her. Cause of death is asphyxia due to strangulation due to ante-mortem injury and apart from ligature mark, abrasion was observed on the sub mental area and blackening of left upper eye. Learned counsel for the applicant draws attention of this court to the inquest report which records that the victim died during the treatment. The applicant is the husband.

Learned AGA has opposed the bail application.

Considering the inquest report which prima facie records that the victim died during the course of the treatment coupled with the fact that the applicant is in custody since 06.11.2024 and has no criminal antecedent, I am of the view that the applicant is entitled to be

BAIL No. 2704 of 2025

2

enlarged on bail. In view thereof, the application is allowed .

Let the applicant- Mahendra Kumar Gupta be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of ₹ 20,000/- (Twenty Thousand) each of the like amount with the following conditions:

(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.)

November 6, 2025

Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench