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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Mohit Kumar to be released on bail in the aforesaid FIR on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions (a) attendance at hearings via executed bond, (b) no commission of similar offences, and (c) no inducement, threat or promise to dissuade disclosure of facts or tamper with evidence.

Issue for consideration

Whether the applicant Mohit Kumar (the husband), booked in FIR No. 490 of 2021 under Sections 498-A and 304B IPC and Sections 3/4 Dowry Prohibition Act, P.S. Kakori, District Lucknow, and in custody since 26.4.2022 with no criminal history, is entitled to be enlarged on bail.

Court's answer

Considering that the postmortem report indicates ante mortem injury as the cause of death, and without commenting upon the merits of the case, the applicant — in custody since 26.4.2022 and having no criminal history — is entitled to be enlarged on bail.

Ratio / Principle

Bail is granted subject to conditions: the applicant shall execute a bond undertaking to attend hearings; shall not commit any offence similar to that of which he is accused or suspected; and 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 disclosure to the Court or police officer, nor tamper with the evidence.

Detailed headnote1 paragraphs

Bail granted — Husband booked in FIR under Ss. 498-A, 304B IPC and Ss. 3/4 Dowry Prohibition Act (FIR No. 490 of 2021, P.S. Kakori, Distt. Lucknow): considering that the postmortem report indicated the cause of death as ante mortem injury, and expressly without commenting on the merits, the Court held the applicant entitled to bail on account of custody since 26.4.2022 and absence of criminal history; release directed on a personal bond with two sureties of Rs.20,000/- each, conditioned on attending hearings, abstaining from similar offences, and refraining from inducement, threat or promise to witnesses or tampering with evidence. Co-accused Chhote Lal and Gulshan had earlier obtained bail (orders dated 24.3.2023 and 7.7.2023), argued by counsel as a parity ground.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 3168 of 2025

Mohit Kumar

.....Applicant(s)

Versus

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

.....Opposite Party(s) Counsel for Applicant(s) : Alok Singh, Himanshu Shukla Counsel for Opposite Party(s) : G.A., Eshan Kumar Gupta 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. 490 of 2021, under Sections 498-A and 304B IPC and Sections 3/4 Dowry Prohibition Act, P.S. Kakori, District Lucknow.

3. Learned counsel for the applicant argues that the applicant before the this Court is the husband. It is argued that the co accused Chhote Lal and Gulshan were enlarged on bail vide orders dated 24.3.2023 and 7.7.2023 passed in Criminal Misc Bail Application No. 13101 of 2022 and Criminal Misc Bail Application No. 8526 of 2023 respectively, copies of which are annexures 4 and 5 to the bail application.

4. Learned AGA has opposed the bail application.

5. Considering the fact that the postmortem report indicate the cause of death as ante mortem injury, however, without commenting upon the merits of the case, the applicant who is in custody since 26.4.2022 and have no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Mohit Kumar 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. 3168 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 8, 2025

J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench