Dharm Kumar vs the State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2026)

Dharm Kumar vs the State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Applicant Dharm Kumar to be released on bail in Case Crime No. 97/2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant is entitled to be enlarged on bail in Case Crime No. 97/2024 in this second bail application, given that his presence at Ludhiana, Punjab at the time of the incident stands admitted in the State's counter affidavit and only one further prosecution witness has been examined since rejection of the first bail application.

Court's answer

In view of the facts on record, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant's plea (para-24 of the bail affidavit) that he was at Ludhiana, Punjab at the time of the incident stands admitted in para-28 of the State's counter affidavit.

Key takeaways

Only one more prosecution witness has been examined since rejection of the first bail application, notwithstanding the earlier direction to the trial court to proceed expeditiously.ratio¶13

Detailed headnote1 paragraphs

Bail allowed. Second bail application (Criminal Misc. Bail Application No. 10457 of 2025) of Dharm Kumar in Case Crime No. 97/2024 (Sections 498-A, 304-B IPC; 3/4 D.P. Act), Police Station Chappia, District Gonda, allowed by Subhash Vidyarthi, J., High Court of Judicature at Allahabad (Lucknow Bench), on January 6, 2026. The first application (No. 8903 of 2024) had been rejected on 18.04.2025, when two prosecution witnesses had been examined; only one further prosecution witness has since been examined despite the direction under Section 309 Cr.P.C. to proceed expeditiously. Decisively, the applicant's plea (para-24 of the bail affidavit) that he was at Ludhiana, Punjab at the time of the incident stands admitted in para-28 of the State's counter affidavit. Bail granted on personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on each and every date fixed by the trial court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 10457 of 2025

Dharm Kumar

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s)	: Chandresh Mani Shukla
Counsel for Opposite Party(s)	: G.A.

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Chandresh Mani Shukla, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record.

This is second application seeking release of the applicant on bail in Case Crime No. 97/2024, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Chappia, District Gonda.

First application No. 8903 of 2024 was rejected by means of an order dated 18.04.2025 and the trial court was directed to proceed with the trial expeditiously keeping in view the provisions contained in Section 309 Cr.P.C. After it was recorded in the order dated 18.04.2025 that two prosecution witnesses had been examined and since rejection of the first bail application, only one more prosecution witness has been examined.

In para-24 of the affidavit filed in support of the bail application it has been pleaded that the applicant was at Ludhiana, Punjab at the time of the incident and this assertion has been admitted in para-28 of the counter affidavit wherein it has been stated that the applicant was at Ludhiana at the time of the incident.

In view of the aforesaid facts, I am of the view that the applicant is entitled to be enlarged on bail.

Accordingly, this bail application stands allowed .

BAIL No. 10457 of 2025

2

Let the applicant- Dharm Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

(Subhash Vidyarthi,J.)

January 6, 2026

Pradeep/-

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