Allahabad High Court
JEETU KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJ BEER SINGH
Holding
The court allowed the second bail application, granting bail to the accused subject to conditions.
Summary
The High Court considered a second bail application filed by Jeetu Kumar, who is charged under Sections 498‑A, 323, 304‑B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife. The applicant claimed he was falsely implicated, asserted that his wife had committed suicide due to a dispute over an abortion, and highlighted that he had already spent three years in custody without a criminal record. The court noted that material witnesses had already been examined, reducing the risk of evidence tampering, and that the first bail plea had been rejected. Weighing the length of detention, the stage of trial, and the absence of a merit determination, the court found a case for bail and granted the second application with standard conditions. The bail order required a personal bond, sureties, and prohibitions against influencing witnesses or tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a case involving Sections 498‑A, 323, 304‑B IPC and the Dowry Prohibition Act after prolonged pre‑trial detention.
- Whether the risk of evidence tampering or witness intimidation exists given that material witnesses have already been examined.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304-B, 323, 498-A
Subjects
- bail
- IPC 498-A
- IPC 304-B
- Dowry Prohibition Act
- pre‑trial detention
- evidence tampering
- witness intimidation
- suicide
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6113 of 2026
Jeetu Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shekhar Gangal
Counsel for Opposite Party(s) : G.A.
Court No. - 91
HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
2. 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.
3. 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
2
4. 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.
5. 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.
6. 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.
7. 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.
8. In case of breach of any of the above condition, the trial court shall be at
liberty to cancel the bail of applicant in accordance with law.
March 19, 2026
S Rawat
(Raj Beer Singh,J.)
Digitally signed by :-
SHOBHIT RAWAT
High Court of Judicature at Allahabad
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