Rajan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Rajan vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Rajan on bail in Case Crime No. 239 of 2024 on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, under three enumerated conditions; on breach, prosecution free to apply to this Court for cancellation of bail.

Issue for consideration

Whether the applicant Rajan, made accused along with several others including co-accused Munendra in Case Crime No. 239 of 2024 (Sections 147, 149, 307, 302 IPC), Police Station Dataganj, District Budaun, should be released on bail during pendency of the trial, given parity with the already-bailed co-accused, the applicant's clean criminal history, and custody since 09.07.2024 exceeding eight months.

Ratio / Principle

Admitted to bail: considering the parity argument, that similarly placed co-accused Munendra has already been released on bail by this Court, that the applicant has no criminal history, and that he has been in jail since 09.07.2024 (more than eight months), the applicant is entitled to be released on bail.

Key takeaways

Operative terms of release: bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (appearance before the trial court on fixed dates unless exempted; no direct or indirect inducement, threat or promise to dissuade disclosure of facts or to tamper with evidence; no criminal or anti-social activity), with the prosecution at liberty to seek cancellation of bail before this Court on breach of any condition.ratio¶15
Express clarification that the observations made in the order are limited to the facts brought in by the parties for disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶20

Detailed headnote1 paragraphs

BAIL GRANTED ON PARITY - Allahabad High Court (Court No. 66), CRIMINAL MISC. BAIL APPLICATION No. 11014 of 2025 (Neutral Citation 2025:AHC:48630), decided 5.4.2025 by Hon'ble Sameer Jain, J.: applicant Rajan, implicated along with several others including co-accused Munendra on general and omnibus allegations in Case Crime No. 239 of 2024 under Sections 147, 149, 307, 302 IPC, Police Station Dataganj, District Budaun, admitted to bail during pendency of trial because the similarly placed co-accused Munendra had already been released on bail by this Court (bail order annexed at page-70 of the paper-book), the applicant had no criminal history, and he had been in jail since 09.07.2024 (more than eight months); the learned AGA opposed the prayer but could not dispute the factual parity; release ordered on personal bond and two sureties each in the like amount under three conditions (trial attendance, no inducement or evidence-tampering, no criminal or anti-social activity), with prosecution at liberty to seek cancellation on breach; the Court expressly confined its observations to disposal of the bail application, without expressing any opinion on the merits relevant to the trial.