Allahabad High Court
RAMDAYAL RAIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant made out a case for bail and therefore granted bail.
Summary
Ramdayal Rai was arrested in a case registered under Sections 498‑A, 377, 323, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He contended that the FIR was false, filed after an application under Section 156(3) of the CrPC, and that there was no medical evidence to support the allegations. The applicant, who had no prior criminal record and had been in custody since 1 July 2026, sought bail during the pendency of trial, assuring cooperation and non‑tampering. The State opposed bail, but the court, noting the lack of medical corroboration and the prima facie case for bail, allowed the application. The bail was granted on condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 498‑A, 377, 323, 506 IPC and the Dowry Prohibition Act despite the seriousness of the charges.
- Whether the absence of medical evidence and the claim of false FIR establish a prima facie case for bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 156(3)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 377, 498-A, 506
Subjects
- bail
- false allegations
- Section 498-A
- Dowry Prohibition Act
- Criminal Procedure Code
- prima facie
- medical evidence
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32385 of 2026
Ramdayal Rai
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjai Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.30 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sanjai Kumar Singh, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.420 of 2023, under Sections 498-
A, 377, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Ramkola, District
Kushinagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR has been instituted after moving an application U/s 156(3) Cr.P.C.. The
allegations levelled against the applicant are per se false and there is no
medical corroboration of the alleged incident either. The false allegation of
unnatural offence has been foisted on the applicant after legal consultation. T
he applicant has no criminal history and is in jail since 1.7.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. 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 there is no medical corroboration of the
BAIL No. 32385 of 2026
2
allegations levelled against the applicant, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Ramdayal Rai, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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