Allahabad High Court
VIRESH RATHORversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The second bail application is dismissed as it lacks merit and no new ground exists for grant of bail.
Summary
Viresh Rathor applied for bail in a criminal case (Crime No.91 of 2024) involving charges under Sections 498-A and 304-B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. This was his second bail application after the first was rejected on 27.08.2025. The trial court had already recorded his statement under Section 313 CrPC on 21.08.2025 and the case was scheduled for final arguments. The High Court, after hearing counsel, found no new ground to revisit the earlier decision and held the application devoid of merit. Consequently, the bail plea was rejected, with a direction that the trial proceed expeditiously, without the court's observations affecting the trial merits.
Issues considered
- Whether the second bail application should be entertained despite the earlier rejection and absence of new grounds
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304-B, 498-A
Subjects
- bail
- criminal procedure
- IPC 498-A
- IPC 304-B
- Dowry Prohibition Act
- second bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31647 of 2026
Viresh Rathor
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Onkar Nath
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.14 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Onkar Nath, learned counsel for applicant, Sri Arun Kumar Mishra,
learned A.G.A. for the State.
3. This is the second bail application on behalf of the applicant. The first one was
rejected by this Court vide order dated 27.08.2025 passed in Criminal Misc. Bail
Application No.42555 of 2024.
4. The present bail application has been filed by the applicant in Case Crime No.91 of
2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station
Linepar, District Firozabad with the prayer to enlarge him on bail.
5. The order-sheet indicates that the case is being regularly fixed for the remaining
final arguments, and the statement of the accused under Section 313 Cr.P.C. was
recorded way back on 21.08.2025.
6. After hearing learned counsel for the parties and taking into consideration the order-
sheet of the concerned Trial Court and the fact that no new ground is there for
pressing the second bail application, I do not find it a fit case for grant of bail to the
applicant. The bail application is found devoid of merits and is, accordingly, rejected.
7. However, it is directed that the aforesaid case pending before the trial court be
decided expeditiously, as early as possible, in accordance with law, if there is no legal
impediment.
8. It is clarified that the observations made herein are limited to the facts brought in by
the parties pertaining to the disposal of bail application and the said observations shall
have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
September 9, 2026/(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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