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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicant Sumit in Case Crime No. 560 of 2024, P.S. Akbarpur, District Kanpur Dehat, in the event of arrest, on a personal bond of Rs. 50,000/- with two sureties of the like amount, subject to the stated conditions; the application was finally disposed of accordingly.

Issue for consideration

Whether the applicant (Sumit), arraigned in Case Crime No. 560 of 2024 under Sections 85/80 BNS and Sections 3/4 Dowry Prohibition Act, P.S. Akbarpur, District Kanpur Dehat, should be released on anticipatory bail in the event of his arrest.

Court's answer

Considering the facts and circumstances of the case, the submissions of counsel, the nature of accusations and the role of the applicant, and without expressing any opinion on the merits, the Court found it expedient to allow the anticipatory bail application.

Ratio / Principle

In the event of arrest in the said case crime number, the applicant is to be released on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions: (i) appearance before the Investigating Officer as and when required; (ii) no threat, inducement or promise to any person acquainted with the facts to dissuade him from disclosing such facts to the court or the Investigating Officer; and (iii) cooperation in investigation and trial and non-misuse of the liberty of bail.

Key takeaways

On breach of the imposed conditions, the Investigating Officer / prosecution agency would be free to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) [Order Date 28.5.2025; Neutral Citation 2025:AHC:91511] allowed an anticipatory bail application under S. 482 BNSS filed by Sumit in respect of Case Crime No. 560 of 2024, P.S. Akbarpur, District Kanpur Dehat, registered under Ss. 85/80 BNS and Ss. 3/4 Dowry Prohibition Act. Counsel for the applicant submitted that the deceased was married on 21.10.2024, that no dowry demand or complaint was recorded by anyone, that she died by suicide after remaining about a month at her parental home, and that the applicant had no criminal history or other criminal proceedings against him; undertakings were offered to cooperate with the investigation and trial. The learned AGA opposed, describing the offence as grave. Adverting to the parameters noted in Siddharam Satlingappa Mhetre vs. State of Maharashtra, (2011) 1 SCC 694, and without expressing any opinion on the merits, the Court directed that in the event of arrest the applicant be released on anticipatory bail on a personal bond of Rs. 50,000/- with two sureties of the like amount, subject to conditions of timely appearance before the Investigating Officer, abstention from threatening or inducing witnesses, and cooperation in investigation and trial, with liberty to the Investigating Officer/prosecution to seek cancellation of the bail upon breach of the conditions.