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

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

What the court decided

AI extract

Outcome

Bail allowed: applicant Ramphal to be released on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; sureties to be verified before the release order.

Issue for consideration

Whether bail should be granted to applicant Ramphal in Case Crime No. 35 of 2024 (Sections 498A, 304B IPC and Section 3/4 of D.P. Act), Police Station Bhopa, District Muzaffar Nagar, during the pendency of trial, particularly in view of PW-1 and PW-2 not supporting the prosecution story.

Court's answer

Taking into account that PW-1 and PW-2 did not support the prosecution story, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant Ramphal was ordered 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, with the sureties to be verified before issuance of the release order.

Key takeaways

Conditions imposed: the applicant shall not tamper with the evidence during trial, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶22
Clarification that the observations made while granting bail shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶23

Detailed headnote1 paragraphs

Bail Application Allowed - Applicant Ramphal sought bail in Case Crime No. 35 of 2024 under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Bhopa, District Muzaffar Nagar, during the pendency of trial. During trial, PW-1 and PW-2 were examined, declared hostile by the public prosecutor, crossexamined, and completely resiled from their earlier statements. The applicant had no criminal history and was in custody since 21.08.2024. Holding that PW-1 and PW-2 had not supported the prosecution story, the High Court (Krishan Pahal, J.) allowed the bail application and directed release on furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses and appearance on dates fixed, breach being a ground for cancellation; it was clarified that the observations would not affect the trial Judge forming his independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30626 of 2025

Ramphal

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Krishna Shankar Counsel for Opposite Party(s) : G.A.

Court No. - 65

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Krishna Shankar, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 35 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Bhopa, District Muzaffar Nagar, during the pendency of trial.

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 crossexamined by the public prosecutor after declaring them hostile. There is no likelihood of conviction of the applicant in the present case.

There is no criminal history of the applicant. The applicant is languishing in jail since 21.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

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

BAIL No. 30626 of 2025

2

consideration the fact that PW-1 and PW-2 have not supported the prosecution story, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Ramphal , 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 shall not tamper with the evidence during trial.

ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicant shall 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.

(Krishan Pahal,J.)

September 8, 2025

Sumit S

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