Allahabad High Court
DILEEP SINGHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Dileep Singh, who is charged under Sections 69, 115(2), 131, 351(2), 352 and 304(2) of the Indian Penal Code for allegedly deceiving a woman with a false promise of marriage. The prosecution alleged that the accused established a physical relationship with the victim and later reneged on the promise, while the defence argued that there is no conclusive evidence of deception and that the victim is 25 years old. The court noted the absence of clinching evidence linking the accused to the alleged misrepresentation and observed that the applicant has no prior criminal record and has been in custody since 23 February 2026. After weighing the submissions of both sides, the court held that the applicant has made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and mandating appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial on serious IPC charges in the absence of clinching evidence.
Legislation cited
- Indian Penal Code — s. 115(2), 131, 304(2), 351(2), 352, 69
Subjects
- bail
- Indian Penal Code
- false promise of marriage
- evidence tampering
- witness intimidation
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14289 of 2026
Dileep Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Upadhyay, Anil Kumar
Tripathi, Mohd. Akbar Shah Alam
Khan, Nazia Begum
Counsel for Opposite Party(s) : Dhiraj Singh, G.A., Kitab Ali
Court No. - 65
(Sl. No.39 out of 265)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel
for the applicant is taken on record.
2. Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the
applicant, Sri Anubhav Mishra, learned Advocate holding brief for Sri
Dhiraj Singh, learned counsel for the informant, Sri D.K. Singh, learned
A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 0053 of 2026, under Sections 69,
115(2), 131, 351(2), 352, 304(2) BNS, Police Station Koraon, Yamuna
Nagar, Commissionerate Prayagraj, District Prayagraj, during the pendency
of trial.
4. As per prosecution story, the applicant is stated to have established
corporeal relationship with the victim on the false promise of marriage and
had later on refused to comply with the said promise.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has nothing to do with the said offence. As per ossification test report, the
age of the victim has come out to be 25 years. There is no clinching evidence
to suggest that the applicant misled the victim from the beginning. The
informant has converted a failed consensual physical relationship into a
BAIL No. 14289 of 2026
2
criminal case.
6. Learned counsel has further stated that there is no criminal history of the
applicant. The applicant is languishing in jail since 23.2.2026 and he is ready
to cooperate with trial. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
7. Learned A.G.A. and learned counsel for the informant have vehemently
opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, there being no clinching evidence to suggest
that the applicant misled the victim from the beginning and without
expressing any opinion on the merits of the case, the Court is of the view
that the applicant has made out a case for bail. The bail application is
allowed.
9. Let the applicant- Dileep Singh, who is involved in aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
following conditions. Further, before issuing the release order, the sureties
be verified.
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
May 7, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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