Jeetu Kumar Vs State of U.P.

The present second bail application has been filed by the applicant in Case crime No. 93 of 2023, under Sections - 498-A, 323, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Mahuwa Kheda, District - Aligarh, with the prayer to enlarge the applicant on bail.

Learned counsel for the applicant submitted that applicant is innocent and he has been falsely implicated in this case. Applicant is husband of deceased and their marriage has taken place during COVID-19 lockdown period. Regarding alleged harassment of deceased, only general and vague allegations have been made that deceased was being harassed on account of dowry and it was not clarified that what was being demanded in dowry. After incident, the informant has given an information to the police and at the time of inquest proceedings on 01.04.2023 the informant was present but at that time no report was lodged. The F.I.R. has been lodged on the next day. In post-mortem report, except ligature mark, no other injury has been shown on body of deceased and cause of death of deceaed has been shown asphyxia due to ante-mortem hanging. Learned counsel submitted that deceased was pregnant and she wanted abortion for the same, which was opposed by the applicant and she has committed suicide due to that reason.

BAIL No. 6113 of 2026

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It is further submitted that first bail application of applicant was rejected by this Court vide order dated 18.04.2024. Now the material witnesses have already been examined before the trial Court and thus, there is no possibility of tampering with evidence. Applicant has already undergone custody of three years. Lastly, it was submitted that applicant is languishing in jail since 03.04.2023, having no criminal history, and that in case he is released on bail, he shall not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer of bail and submitted that applicant is husband of deceased and that deceased has suffered death due to hanging within eight months of her marriage.

Considering submissions of learned counsel for the parties and all attending facts of the case, particularly the period of detention and stage of trial, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed .

Let the applicant - Jeetu Kumar , involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions :-

(i) The applicant shall not tamper with the evidence during trial.

(ii) The applicant shall not pressurize / intimidate the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case.