Allahabad High Court
RISHIPAL @ SHRIPALversusSTATE OF UP
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Rishipal, the father‑in‑law of a woman who allegedly committed suicide, under Sections 80(2), 85 and 115(2) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The applicant argued that he was falsely implicated, that there was no material to establish the presumption of dowry death, and that the charge‑sheet had already been filed, rendering custodial interrogation unnecessary. The State opposed bail but did not dispute the factual background. Relying on the principles laid down in Kapil Wadhawan v CBI (2025), Maya Tiwari v State of U.P. (2024) and the Supreme Court’s policy on bail, the Court held that the applicant was entitled to bail, subject to strict conditions. The order directed verification of identity, surety requirements, and procedural compliance for early release from jail.
Issues considered
- Whether the presumption of dowry death under the Dowry Prohibition Act applies in the present case.
- Whether the lack of material evidence justifies granting bail to the accused.
- Whether custodial interrogation is required after the filing of a charge‑sheet.
- Whether jail overcrowding and pendency of cases warrant bail in this circumstance.
Legislation cited
- B.N.S. — s. 115(2), 80(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- presumption of dowry death
- custodial interrogation
- jail overcrowding
- criminal procedure
- sections 80 85 115(2) B.N.S.
- sections 3 4 Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31548 of 2026
Rishipal @ Shripal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Mishra, Ankit Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ankit Shukla, learned counsel for the applicant, Sri DPS
Chauhan, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 0121 of 2026, Under
Sections-80(2), 85 & 115(2) of B.N.S. and section 3/4 of D.P. Act,
Police Station-Gunnour, District- Sambhal, during the pendency of
the trial.
3. Contention of learned counsel for the applicant is that the applicant
is father-in-law of the deceased, who committed suicide by hanging
herself after a petty dispute over household issues. The applicant has
been falsely implicated merely being father-in-law of the deceased,
though there is no sufficient material against him to show that he
harassed the deceased for non-fulfillment of demand of dowry prior to
death. The applicant has been falsely implicated by making general
and vague allegations along with other family members. It is further
submitted that for invoking presumption of dowry death in case of
death under unnatural circumstances within 7 years of marriage,
there must be sufficient material to show that the deceased was
subjected to cruelty soon before the death, but there is no such
material. It is lastly submitted that charge sheet has been filed by the
police, therefore, there is no requirement for custodial interrogation.
The applicant has no criminal history and he is languishing in jail
BAIL No. 31548 of 2026
2
since 02.06.2026. In case, he is granted bail, he will not misuse the
liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused (father-in-
law) 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- Rishipal @ Shripal, 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.
BAIL No. 31548 of 2026
3
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 and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded 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 further directed that the trial court shall send the release order
to the concerned jail 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 Moradabad Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order 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 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.
(Arun Kumar Singh Deshwal,J.)
September 8, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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