Pooran Lal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Pooran Lal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted on the ground of parity; applicant Pooran Lal to be released on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidation of prosecution witnesses, appearance before the trial court on fixed dates); breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 463 of 2024 under Sections 85, 80(2), 123, 351(3) of BNS and Sections 3/4 of the Dowry Prohibition Act, is entitled to bail on the ground of parity with co-accused Nanhi Devi (already enlarged on bail), the applicant having no criminal history.

Court's answer

Without expressing any opinion on the merits of the case, the Court held the applicant entitled to be released on bail and allowed the bail application on the ground of parity, considering the facts and circumstances, submissions, evidence on record, pending trial, and the judgements in Nanha v. State of U.P. (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil ((2022) 10 SCC 51).

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before release), subject to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶17

Detailed headnote1 paragraphs

Bail — granted on parity with co-accused. Applicant sought bail in Case Crime No. 463 of 2024, Police Station Shahi, District Bareilly, under Sections 85, 80(2), 123, 351(3) of the BNS and Sections 3/4 of the Dowry Prohibition Act, during pendency of trial. Co-accused Nanhi Devi had already been enlarged on bail by the High Court on 10.7.2025 in Criminal Misc. Bail Application No. 21736 of 2025; the A.G.A. opposed but did not dispute the parity or the applicant's clean criminal history; applicant in custody since 06.01.2025. Relying on Nanha v. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi v. Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and without expressing any opinion on merits, the Court (Krishan Pahal, J.) allowed the bail application on the ground of parity, directing release on a personal bond with two sureties each in the like amount, subject to conditions (no tampering with evidence, no intimidation of prosecution witnesses, attendance on fixed dates); breach to be a ground for cancellation; observations not to affect the trial judge's independent opinion.

Neutral Citation No. - 2025:AHC:112064

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20507 of 2025

Applicant :- Pooran Lal Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Shukla,Ram Shiromani Shukla Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Sri Rishabh Tiwari, Advocate holding brief of Sri Ram Shiromani Shukla, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 463 of 2024, under Sections 85, 80(2), 123, 351(3) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Shahi, District - Bareilly, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Nanhi Devi, has already been enlarged on bail by this Court vide order dated 10.7.2025 passed in Criminal Misc. Bail Application No. 21736 of 2025. It is further submitted that since the case of the applicant is at par to the coaccused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 06.01.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993

Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

Let the applicant- Pooran Lal , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date:- 14.7.2025 Siddhant

(Justice Krishan Pahal)

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad