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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Ikram in Case Crime No. 59 of 2025 on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to: (i) not tampering with evidence; (ii) not indulging in criminal activity; (iii) not pressurizing/intimidating prosecution witnesses and cooperating in the trial; (iv) regular appearance on every date fixed by the trial court unless personal appearance is exempted through counsel; with liberty to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Ikram, in custody in Case Crime No. 59 of 2025 (Sections 3(5), 191(1), 190, 109(1), 103(1), 115(2) BNS, Police Station Devband, District Saharanpur), should be enlarged on bail.

Court's answer

Weighing all facts and circumstances, the nature of the accusations, the severity of the punishment in the event of conviction, the nature of the supporting evidence and the reasonable apprehension of tampering with witnesses, alongside the prima facie case, the Court found that a case for bail was made out, expressly without commenting on the merits of the case.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Ikram is directed to be released on bail upon executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the prescribed conditions (non-tampering with evidence, no criminal activity, no pressure/intimidation of prosecution witnesses with cooperation in trial, and regular appearance on every date fixed by the trial court unless exempted through counsel).ratio¶¶13
On breach of any of the imposed conditions, the court below is at liberty to proceed to cancel the bail.ratio¶¶18

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.), order dated 12.8.2025 (Neutral Citation 2025:AHC:137520): Bail application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023, of accused Ikram allowed in Case Crime No. 59 of 2025, Police Station Devband, District Saharanpur, under Sections 3(5), 191(1), 190, 109(1), 103(1), 115(2), BNS. Considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but expressly without commenting on the merits, the Court found a case for bail, noting custody since 27.02.2025 and that similarly placed co-accused Salman had already been enlarged on bail (orders dated 01.07.2025 in Criminal Misc. Bail Application Nos. 19333 of 2025); the learned AGA opposed the prayer. Release ordered on a personal bond and two reliable sureties each in the like amount, subject to conditions barring tampering with evidence, criminal activity and intimidation of prosecution witnesses and requiring regular trial attendance; the court below may cancel bail on breach of any condition.

Neutral Citation No. - 2025:AHC:137520

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18334 of 2025

Applicant :- Ikram Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- Brijesh Kumar Yadava,G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Sri A.Z. Khan, learned counsel for the applicant, Sri Brijesh Kumar Yadav, learned counsel for the first informant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Ikram , seeking enlargement on bail in Case Crime No. 59 of 2025, under Sections 3 (5), 191 (1), 190, 109 (1), 103 (1), 115 (2), BNS, Police Station- Devband, District- Saharanpur.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.02.2025. It is submitted that similarly placed co-accused, Salman has already been enlarged on bail of by the Bench of this Court by orders dated 01.07.2025 passed in Criminal Misc. Bail Application Nos. 19333 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Salman, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without

commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Ikram involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 12.8.2025 v.k.updh.

Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad