Allahabad High Court
VIRENDRAPALversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Virandrapal, accused in a dowry‑related death case (Crime No. 272/2025) under Sections 115(2), 85 and 80(2) of the B.N.S and Sections 3/4 of the Dowry Prohibition Act. The applicant, husband of the deceased who allegedly committed suicide, argued that the prosecution’s case was based on a dowry‑harassment narrative, but the deceased’s father, mother and brother, who were initially prosecution witnesses, turned hostile during trial and testified that no dowry demand was made. The court noted the lack of material evidence against the accused, his clean record, the completion of witness testimony, and the need to address jail overcrowding, while relying on recent Supreme Court and High Court precedents on bail. Without expressing an opinion on the merits, the judge held that the applicant was entitled to bail. Accordingly, the bail was granted subject to a personal bond, two sureties, and standard conditions to prevent tampering with evidence or further criminal conduct.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case given the nature of the offence and the evidentiary record.
- Whether the hostile testimony of the deceased’s family members negates the prosecution’s case and warrants bail.
- Whether the applicant poses a risk of tampering with evidence or committing further offences if released.
Legislation cited
- B.N.S. — s. 115(2), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- hostile witnesses
- criminal procedure
- overcrowded prisons
- presumption of innocence
- Section 115(2) B.N.S
- Dowry Prohibition Act
- Supreme Court bail guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29912 of 2026
Virendrapal
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Deepak Singh, G.S.Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri G.S. Chauhan, learned counsel for the applicant, Sri Rakesh Kumar
Mishra, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 272/2025 under Sections 115(2), 85 and 80(2) of
B.N.S and Section 3/4 Dowry Prohibition Act, Police Station- Azeem Nagar, District
Rampur.
3. Contention of learned counsel for the applicant is that the applicant is husband of
the deceased, who committed suicide by hanging over a petty dispute. It is further
submitted that during investigation Prem Singh, father of the deceased (first
informant), Ramvati, (mother of the deceased) and Dharmendra, (brother of the
deceased) supported the prosecution story regarding harassment of deceased for non-
fulfillment of demand of dowry. During the trial, father of the deceased was examined
as PW1, mother of deceased examined as PW 2 and brother of the deceased examined
as PW 3 but they did not support the prosecution story, therefore, all of three have
been declared hostile. It is further submitted that father, mother and brother of the
deceased stated during trial that the applicant never demanded any dowry from them
or harassed the deceased for the same. They further stated that the deceased
committed suicide for the reason the applicant being a clerk of an Advocate also used
to give tuition in the evening and would return house in late night, which resulted into
dispute between the applicant and deceased and deceased ultimately committed
suicide after remaining under tension for a considerable long time. Therefore, as on
date, there is no material against the applicant and he has been falsely implicated. It is
lastly submitted that trial is going and all the facts witnesses have already been
examined, therefore, there is no chance of tempering with the evidence. The applicant
has no criminal history and he is languishing in jail since 27.12.2025. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but
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could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and taking into account the statements of father, mother and
brother of the deceased recorded during trial and keeping in view the nature of
offence, evidence, complicity of accused and taking into account overcrowded jails
and heavy pendency of criminal cases before the trial courts as well as considering the
mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC Online SC 3038 as well as
guideline of this Court in the case of Maya Tiwari vs State of U.P. reported in 2024
SCC Online All 6765 regarding grant of bail and without expressing any opinion on
the merits of the case, I am of the opinion that the applicant is entitled to be enlarged
on bail. Accordingly, the present application is allowed.
6. Let the applicant- Virendrapal involved in the aforementioned 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, with the following conditions:-
i. The applicant shall not directly or indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without seeking
any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime
after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond executed
by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the
court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant and sureties
should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of downloaded
copy of this order from the official website of High Court Allahabad and verified by
the concerned counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is directed that the trial court shall send the release order to the concerned jail
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3
through Bail Order Management System (BOMS) to ensure early release of the
applicant.
12. Office is directed to send a copy of this order to the applicant through Rampur
Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within
24 hours in compliance of the orders of the Apex Court in the case of Policy Strategy
for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as in the case of Pila Pahan @
Peela Pahan and others vs State of Jharkhand and another, in Writ Petition
(Criminal) No.169 of 2025 decided on 29.05.2026.
13. Application, if any, stands disposed of.
September 24, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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