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2026 DAILYLAW 2213 (ALL)

SUHAIL v. STATE OF U.P.

BAIL/15448/2026 · 2026-05-13

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15448 of 2026 Court No. - 65 (Sr. No.69 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Virendra Singh Tomar, learned counsel for the applicant, Sri Mata Achal Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.226 of 2020, under Sections 498- A, 323, 504, 506, 376 IPC and Section 3/4 D.P. Act, Police Station Charthawal, District Muzaffarnagar, 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 instant case is a misuse of dowry laws. There is no medical corroboration of the offence of rape, although the victim has sustained injuries on her neck, but the said allegations of an attempt to strangle her have been made against her husband and not the applicant. The applicant has no criminal history and is in jail since 11.04.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant has committed a heinous crime, as the victim was pregnant at that time and, despite her pregnancy, the applicant ravished her. She has given birth to a baby girl; as such, the applicant is not entitled to bail. Versus Counsel for Applicant(s) : Virendra Singh Tomar Counsel for Opposite Party(s) : G.A., Mata Achal Mishra, Vinay Mishra Suhail .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no medical corroboration of the incident and that the allegations of an attempt to strangle the victim have been made against her husband and not 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- Suhail, be released on bail 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. May 14, 2026 (Ravi Kant) BAIL No. 15448 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad