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Ram Nath v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC17 Dec 2025BAIL/12241/2025

Case brief

AI extract

What is this about?

Bail granted; offence under S.103(1) BNS 2023; Case Crime No. 225/2025, P.S. Kaudiya, District Gonda; parity with co-accused Krishna Devi (Criminal Misc. Bail Application No. 11622 of 2025, bail dated 26.11.2025); custody since 01.10.2025; conditions including S. 229-A IPC and S. 313 Cr.P.C. attendance requirements; decided 17.12.2025 by Justice Brij Raj Singh; Allahabad High Court Lucknow Bench.

What did the court decide?

Release of applicant Ram Nath on bail in F.I.R./Case Crime No. 225 of 2025 on furnishing a personal bond and two reliable sureties of the like amount, subject to the enumerated additional conditions imposed in the interest of justice. ¶18

Ram Nath Vs State of U.P. Thru. Prin. Secy… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ram Nath, involved in F.I.R./Case Crime No. 225 of 2025 under Section 103(1) of BNS, 2023 (P.S. Kaudiya, District Gonda), should be enlarged on bail.

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Ratio / Principle

Considering the facts and circumstances, the record, the nature of allegations and the arguments advanced, and without expressing any opinion on the merit of the case, the judge found it a fit case for granting bail.

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Key takeaways

Applicant Ram Nath is to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions: presence before the trial court on each fixed date (absence without sufficient cause actionable under Section 229-A IPC), personal presence at opening of the case, framing of charge and Section 313 Cr.P.C. recording, non-tampering with prosecution witnesses, abstention from illegal activities, and liberty to the trial court to cancel bail on breach.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), single judge (Brij Raj Singh, J.), allowed Criminal Misc. Bail Application No. 12241 of 2025 by Ram Nath, in custody since 01.10.2025 in Case Crime No. 225 of 2025 under Section 103(1) BNS 2023, P.S. Kaudiya, District Gonda. Counsel sought bail on parity with co-accused Krishna Devi, bailed on 26.11.2025 in Criminal Misc. Bail Application No. 11622 of 2025 (order taken on record); the learned A.G.A. opposed but did not dispute the contentions. Granting bail 'without expressing any opinion on the merit of the case', the court ordered release on a personal bond with two sureties of like amount, conditioned on trial-court presence (default punishable under S. 229-A IPC), mandatory personal appearance at charge-framing and S. 313 Cr.P.C. stages, non-tampering with witnesses and abstention from illegal activities, breach permitting cancellation.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12241 of 2025

Ram Nath

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko

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.....Opposite Party(s)

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Counsel for Applicant(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicant, Sri Devesh Kumar, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.225 of 2025, under Section 103(1) of BNS, 2023, Police Station-Kaudiya, District-Gonda.

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It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that similarly situated co-accused namely, Krishna Devi, has been granted bail by another Bench of this Court on 26.11.2025 passed in Criminal Misc. Bail Application No.11622 of 2025, photo copy of which order has been provided today by learned counsel for the applicant, which is taken on record. He further submits that the case of the applicant stands on identical footing, hence, applicant is also entitled for bail on the ground of parity. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 1.10.2025.

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Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.

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BAIL No. 12241 of 2025

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Ram Nath be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(iii) The applicant will not tamper with the prosecution witnesses.

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(iv) The applicant will not indulge in any illegal activities during the period of bail.

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(v) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.

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(Brij Raj Singh,J.)

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December 17, 2025

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Sachin