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

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

What the court decided

AI extract

Outcome

Applicant Prabhu released on bail in Case Crime No. 227 of 2023 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions (no tampering with evidence or influencing witnesses; appearance before trial court on fixed dates), with directions to the trial court on surety fixation per Arvind Singh and a liberty to cancel bail for non-cooperation without recourse to the High Court.

Issue for consideration

Whether the applicant Prabhu, in custody since 26.11.2023 in Case Crime No. 227 of 2023 (Sections 302, 34, 504, 506 IPC, P.S. Mahewaghat, District Kaushambi), should be enlarged on bail. +1 more

Court's answer

Without making any observations on the merits of the case, the bail application is allowed.

Ratio / Principle

The parameters in Prabhat Gangwar — including whether continued incarceration would disable the accused from tendering an effective defence and gathering evidence, a demand of processual fairness — are applicable to the facts of this case.

Key takeaways

Applicant Prabhu to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.ratio¶24
Bail conditions imposed: the applicant shall not tamper with the evidence or influence any witness during the trial, and shall appear before the trial court on the date fixed unless personal presence is exempted.ratio¶26
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023).

Detailed headnote1 paragraphs

Bail — second bail application under Sections 302, 34, 504, 506 IPC, Case Crime No. 227 of 2023, P.S. Mahewaghat, District Kaushambi — applicant in custody since 26.11.2023; first bail application rejected on 03.06.2024 — of 11 proposed prosecution witnesses, nine including material witnesses of fact already examined — applying Prabhat Gangwar, continued incarceration disabling the accused from crafting an effective defence and gathering/tendering evidence is a demand of processual fairness; applicant has no criminal history apart from this case and is not a flight risk — bail allowed without observations on merits, on personal bond and two sureties each in the like amount, with conditions against tampering/influencing witnesses and requiring appearance — trial court to fix sureties with due application of mind in light of Arvind Singh, to ensure the right of bail is not frustrated by arbitrary or onerous surety demands unrelated to the applicant's socioeconomic status, and empowered to record findings and cancel bail for non-cooperation, dilatory tactics, threatening witnesses or violation of conditions without recourse to the High Court.