Allahabad High Court
NISRAT KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a second bail application filed by Nisbat Khan in a session case involving offences under Sections 498‑A, 323, 304‑B of the IPC and the Dowry Prohibition Act. The applicant argued that three fact witnesses, whose statements were recorded under Section 319 Cr.P.C., had withdrawn or contradicted the prosecution’s version, indicating a low likelihood of conviction. The State opposed the bail but did not refute these submissions. After evaluating the evidence and the fact that the witnesses did not support the prosecution, the Court found that the applicant had made out a case for bail. Consequently, the Court ordered his release on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court.
Issues considered
- Whether the applicant is entitled to bail despite the pending trial for offences under Sections 498‑A, 323, 304‑B IPC and the Dowry Prohibition Act.
- Whether the withdrawal or inconsistency of witness statements under Section 319 Cr.P.C. diminishes the likelihood of conviction sufficient to justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 304-B, 323, 498-A
Subjects
- bail
- criminal procedure
- IPC
- Dowry Prohibition Act
- witness testimony
- Section 319 Cr.P.C.
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31364 of 2026
Nisrat Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hemant Kumar Patel, Ravi Shankar
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.2 out of 185)
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 Ravi Shankar Tripathi, learned counsel for the applicant, Sri
Ram Mohit Yadav, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Session Case No.410 of 2025 (State vs. Nisrat and
Others), arising out of Case Crime No.195 of 2024, under Sections 498-A,
323, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ushait,
District Budaun, during the pendency of trial.
4. This is the second bail application on behalf of the applicant. The first bail
application was rejected by this Court vide order dated 25.8.2025 passed in
Criminal Misc. Bail Application No.2370 of 2025.
5. Learned counsel for the applicant has stated that subsequent to the
rejection of first bail application, three witnesses of fact were examined and
they have not supported the prosecution story. Subsequent to it, the
application filed U/s 319 Cr.P.C. was allowed by the trial court and the
statements of PW-1 and PW-2 were again recorded qua the accused persons
summoned U/s 319 Cr.P.C. and they have not supported the prosecution
story entirely in their statements and resiled from their earlier statements and
have been cross-examined by the public prosecutor as such.
BAIL No. 31364 of 2026
2
6. Learned counsel for the applicant has further stated that there is no
likelihood of conviction of the applicant in the present case. The criminal
history assigned to the applicant has been explained. The applicant is
languishing in jail since 22.6.2024, 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. has vehemently opposed the bail application but could
not dispute the submissions made by the counsel for the applicant.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that the witnesses of fact have not supported the
prosecution story during trial, 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- Nisrat Khan, be released on bail in the aforementioned
case crime 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.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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