Allahabad High Court
SUHAILversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The applicant Suhail sought bail in a criminal case (Crime No. 226 of 2020) involving charges under Sections 498‑A, 323, 504, 506, 376 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He claimed innocence, arguing that there was no medical evidence to support the rape allegation and that the alleged attempt to strangle the victim was directed at her husband, not him. The State opposed bail, contending that the offences were heinous, especially since the victim was pregnant and gave birth to a child. The court examined the material on record, noted the absence of medical corroboration and the lack of direct allegations against the applicant, and, without passing on the merits, concluded that a prima facie case for bail existed. Accordingly, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted to an accused charged with offences under Sections 498‑A, 323, 504, 506, 376 IPC and Sections 3/4 Dowry Prohibition Act in the absence of medical evidence.
- Whether the seriousness of the alleged offences and the victim's pregnancy preclude the grant of bail.
- Whether the applicant has made out a prima facie case for bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 376, 498-A, 504, 506
Subjects
- bail
- Indian Penal Code
- Dowry Prohibition Act
- rape
- criminal procedure
- prima facie case
- evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15448 of 2026
Suhail
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Virendra Singh Tomar
Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay
Mishra
Court No. - 65
(Sr. No.69 out of 269)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Virendra Singh Tomar, learned counsel for the applicant, Sri
Mata Achal Mishra, learned counsel for the informant, Sri Sunil Kumar,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.226 of 2020, under Sections 498-
A, 323, 504, 506, 376 IPC and Section 3/4 D.P. Act, Police Station
Charthawal, District Muzaffarnagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
instant case is a misuse of dowry laws. There is no medical corroboration of
the offence of rape, although the victim has sustained injuries on her neck,
but the said allegations of an attempt to strangle her have been made against
her husband and not the applicant. The applicant has no criminal history and
is in jail since 11.04.2026. He undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned counsel for the informant and learned A.G.A. have vehemently
opposed the bail application on the ground that the applicant has committed
a heinous crime, as the victim was pregnant at that time and, despite her
pregnancy, the applicant ravished her. She has given birth to a baby girl; as
such, the applicant is not entitled to bail.
BAIL No. 15448 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there is no medical corroboration of the incident and that
the allegations of an attempt to strangle the victim have been made against
her husband and not the applicant, and without expressing any opinion on
the merits of the case, prima-facie the Court is of the view that the applicant
has made out a case for bail. The bail application is allowed.
7. Let the applicant- Suhail, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 14, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
Checking your session…