Allowed¶13

Pappu @ Deshpal v. State of U.P.

Allahabad HC22 Aug 2025BAIL/27986/2025

Case brief

AI extract

What is this about?

Bail allowed (2025:AHC:144823, Allahabad HC, Justice Krishan Pahal, 22.8.2025) — CRIMINAL MISC. BAIL APPLICATION No. 27986 of 2025; Case Crime No. 155 of 2023, Sections 498A & 304B IPC and Section 3/4 D.P. Act, P.S. Kaila Devi, District Sambhal; applicant Pappu @ Deshpal; PW-1 and PW-2 turned hostile/resiled; custody since 07.08.2023; no criminal history; personal bond and two sureties; conditions against tampering and witness intimidation.

What did the court decide?

Applicant Pappu @ Deshpal 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, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed), with sureties to be verified before the release order.

Pappu @ Deshpal vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Pappu @ Deshpal, should be released on bail in Case Crime No. 155 of 2023 under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kaila Devi, District Sambhal, during the pendency of trial.

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Court's answer

Taking into consideration that PW-1 and PW-2 have not supported the prosecution story, the court found it a fit case to release the applicant on bail.

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Ratio / Principle

The bail application was allowed and the applicant was directed 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, subject to conditions, with the sureties to be verified before issuance of the release order.

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Key takeaways

Bail was made subject to conditions that the applicant shall not tamper with the evidence during trial and shall not pressurise/intimidate the prosecution witnesses.ratio¶15
Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶17
Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Krishan Pahal, J.; Neutral Citation 2025:AHC:144823), Criminal Misc. Bail Application No. 27986 of 2025, order dated 22.8.2025 — Bail application of Pappu @ Deshpal ALLOWED in Case Crime No. 155 of 2023 under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kaila Devi, District Sambhal, during pendency of trial. Basis: PW-1 and PW-2, examined at trial, completely resiled from their earlier statements and were declared hostile and cross-examined by the public prosecutor; applicant in custody since 07.08.2023 with no criminal history; learned AGA opposed but was unable to dispute these submissions. Release ordered on personal bond and two sureties each in the like amount (sureties to be verified before release order), conditional on non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court; breach to be a ground for cancellation; observations expressly not to affect the trial Judge's independent opinion.

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Neutral Citation No. - 2025:AHC:144823

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27986 of 2025

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Applicant :- Pappu @ Deshpal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 155 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kaila Devi, District Sambhal, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. It is next stated that PW-1 and PW-2 have been examined in the court during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case.

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There is no criminal history of the applicant. The applicant is languishing in jail since 07.08.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking

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into consideration the fact that PW-1 and PW-2 have not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Pappu @ Deshpal , 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.

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

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

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

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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.

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Order Date :- 22.8.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Pappu @ Deshpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pappu @ Deshpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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