Allahabad High Court

RATAN SINGHversusSTATE OF U.P.

Decided: 13 May 2026
Bench: KRISHAN PAHAL

Holding

The court held that, on the facts, the applicant is prima facie entitled to bail and ordered his release on bail.

Summary

Ratan Singh, detained since 25 May 2024, faced charges under Sections 498‑A and 304‑B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act in a case registered as Crime No. 0102 of 2024. After a prior bail application was rejected, he filed a second bail petition, arguing that he had been in custody for almost two years while only four prosecution witnesses had been examined and that there were material contradictions in the statements of PW‑1 and PW‑3. The State opposed the bail, but the court noted the prolonged incarceration, the slow progress of the trial, and the inconsistencies in witness testimony. Finding that these factors created a prima facie case for bail and that the applicant pledged not to tamper with evidence or intimidate witnesses, the court granted bail subject to a personal bond and two sureties. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.

Issues considered

Whether bail should be granted to the accused in a case involving offences under Sections 498‑A, 304‑B IPC and the Dowry Prohibition Act given the length of pre‑trial detention.
Whether the delay in trial and the limited examination of prosecution witnesses justify bail.
Whether contradictions in the statements of prosecution witnesses affect the necessity of continued custody.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 304-B, 498-A

Subjects

bail
pre‑trial detention
IPC 498‑A
IPC 304‑B
Dowry Prohibition Act
trial delay
witness contradictions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16408 of 2026

Ratan Singh
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Sanjeev Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 65
(Sl. No. 17 out of 269)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised. The first bail application of the applicant was
rejected by this Court vide orders dated 18.07.2025 & 25.07.2025 passed
in Criminal Misc. Bail Application Nos. 19688 of 2025.

2. Heard Sri Sanjeev Kumar, learned counsel for the applicant and Sri
Sunil Kumar, learned A.G.A. for the State and also perused the material
placed on record.

3. This is the second bail application filed on behalf of the applicant
seeking bail in Case Crime No. 0102 of 2024, under Sections 498-A,
304-B of IPC and Sections 3/4 of D.P. Act, Police Station - Chhajlet,
District - Moradabad, during the pendency of trial.

4. As a new ground, learned counsel for the applicant has pointed out that
the applicant is in jail since 25.05.2024, as such, the period of
incarceration is marginally less than two years. Only four prosecution
witnesses have been examined to date as the trial is moving at a snail's
pace.

5. Learned counsel has next contended that there are material
contradictions in the statements of PW-1 & PW-3. Even the PW-1 has not
made any allegation of demand of dowry. The statement of PW-3, the
mother of the deceased, is vacillating regarding the demand of dowry as
the complete demand of dowry stands fulfilled. In case, the applicant is
BAIL No. 16408 of 2026
2

released on bail, he will not misuse the liberty of bail and shall cooperate
with trial.

6. Per contra, learned AGA has vehemently opposed the bail application.

7. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties and also considering the period of
incarceration and the pace of trial coupled with the material contradictions
in the statements of PW-1 & PW-3, prima facie I find it a fit case to
release the applicant on bail. The bail application is allowed.

8. Let the applicant- Ratan Singh, 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.

9. 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
Siddhant

Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad

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