Allahabad High Court
MUKULversusSTATE OF U.P.
- Decided
Holding
The Court denied bail to the accused, finding sufficient material to justify its refusal.
Summary
The applicant, husband of a woman who died under unnatural circumstances, sought bail in a dowry‑related case (Crime No.286 of 2025) invoking Sections 85, 80(2) of the CrPC, Sections 238, 352 of the IPC, Section 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. He claimed false implication, lack of specific dowry demand evidence, and a clean criminal record, having been in custody since 28‑07‑2025. The State opposed bail, highlighting material indicating the deceased suffered cruelty for non‑payment of dowry shortly before her death and that she was cremated without her parents’ knowledge. The Court considered the seriousness of the allegations, the existence of material evidence of dowry‑related cruelty, and the procedural irregularity in the cremation, and concluded that bail could not be granted at this stage. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under Sections 85, 80(2) CrPC, 238, 352 IPC and the Dowry Prohibition Act.
- Whether the material evidence of cruelty and irregular cremation justifies denial of bail.
Legislation cited
- B.N.S. — s. 3(5)
- Code of Criminal Procedure, 1973 — s. 80(2), 85
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 238, 352
Subjects
- bail
- dowry death
- dowry prohibition act
- cruelty
- CrPC
- IPC
- unlawful cremation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 26116 of 2026
Mukul
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kanhaiya Soni, Shiv Pratap
Singh Rathore
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Shiv Pratap Singh Rathore, learned counsel for the applicant,
Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the
record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.286 of 2025, under
Sections 85, 80 (2), 238, 352, 3(5) B.N.S. and Section 3/4 of D.P. Act,
Police Station Dhampur, District Bijnor.
3. Contention of counsel for the applicant is that the applicant is husband
of the deceased. He has been falsely implicated. The deceased died under
unnatural circumstance. It is further submitted that on the basis of general
and vague allegation, the applicant has been falsely implicated, though in
the FIR as well as in the statement of witnesses, no specific time and date
has been mentioned for demand of dowry, therefore, the allegation of
demand of dowry is absolutely false and the applicant has been falsely
implicated. Applicant has no criminal history. He is languishing in jail
since 28.07.2025. In case the applicant is released on bail, he will not
misuse the liberty of bail and would cooperate in the investigation/trial
proceedings.
4. Per contra, learned A.G.A. vehemently opposed the prayer for bail and
submitted that the deceased died under unnatural circumstance within
seven years of her marriage and there was consistence statement of first
BAIL No. 26116 of 2026
2
informant and other family members of the deceased that the deceased
was subjected to cruelty for non-fulfillment of demand of dowry. It is
further submitted that the deceased was cremated without informing to
her parents, therefore, the applicant is not entitled to be released on bail.
5. Considering the aforesaid submissions of learned counsel for the
parties and taking into account that the deceased died under unnatural
circumstance within seven years of her marriage and there is material
showing that the deceased was subjected to cruelty soon before her death
for non-fulfillment of demand of dowry; also taking into account that the
deceased was cremated without informing to her parents, therefore, this
Court is not inclined to release the applicant on bail, at this stage.
6. Accordingly, the bail application is rejected.
(Arun Kumar Singh Deshwal,J.)
September 30, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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