Allahabad High Court
AMIT KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is rejected.
Summary
Amit Kumar applied for bail in a criminal case (Crime No. 77 of 2024) involving charges under IPC sections 498-A, 304-B and the Dowry Prohibition Act sections 3 and 4. This was his second bail application, the first having been rejected on 26.08.2025. The applicant's counsel submitted a second supplementary affidavit but no new grounds for bail were raised. The High Court, noting the absence of any fresh material, declined to grant bail, stating that the case was not suitable for release without commenting on the merits. The court ordered the trial court to expedite the trial and clarified that its observations were limited to the bail application.
Issues considered
- Whether bail should be granted to the accused in the pending trial for offences under IPC 498-A, 304-B and the Dowry Prohibition Act, in the absence of any new ground.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304-B, 498-A
Subjects
- bail
- criminal procedure
- IPC 498-A
- IPC 304-B
- Dowry Prohibition Act
- second bail application
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43508 of 2025
Amit Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hemant Kumar
Counsel for Opposite Party(s) : G.A., Piyush Pandey
Court No. - 68
(Sl. No. 96 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. Heard Sri Hemant Kumar, learned counsel for the applicant as well
as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the
material placed on record. None is present on behalf of the informant
even in the revised call.
2. IInd Supplementary affidavit filed today by the learned counsel for the
applicant is taken on record.
3. This is the second bail application. First bail application was rejected
by this Court vide order dated 26.08.2025 passed in C.M.B.A. No. 32742
of 2024.
4. Applicant seeks bail in Case Crime No. 77 of 2024, U/S 498-A, 304-B
of IPC and Sections 3/4 of D.P. Act, Police Station - Bahsuma, District -
Meerut, during the pendency of trial.
5. Since no new ground could be brought up by learned counsel for the
applicant, I do not find it a fit case for bail. Without expressing any
opinion on the merits of the case, this Court is not inclined to release the
applicant on bail.
6. The bail application is, accordingly, rejected.
7. However, the Trial Court is directed to decide the aforesaid case
expeditiously, in accordance with law, if there is no legal impediment.
BAIL No. 43508 of 2025
2
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
9. The Registrar (Compliance) is directed to communicate this order to
the Trial Court concerned forthwith for necessary information and
compliance.
(Krishan Pahal,J.)
September 23, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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