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

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

What the court decided

AI extract

Outcome

Applicant Smt. Kusum to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before issuance of the release order, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurise/intimidate prosecution witnesses; (iii) to appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether Smt. Kusum, involved in Case Crime No.0001 of 2025 under Sections 191(2), 191(3), 190, 103(1), 238, 3(5) B.N.S., Police Station-Binauli, District-Baghpat, is entitled to be released on bail during the pendency of trial, given that she was not named in the FIR and her name surfaced only through the co-accused's confessional statement.

Court's answer

Taking into account the facts and circumstances, the submissions of counsel, the evidence on record, and the circumstance that the applicant was not named in the FIR and was implicated only through the co-accused's confessional statement (held to have no evidentiary value in the eyes of law), and without expressing any opinion on merits, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The Court recorded, as a consideration for granting bail, that the applicant was not named in the FIR and that her name emerged from the co-accused's confessional statement, which the Court stated has no evidentiary value in the eyes of law.

Key takeaways

Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶22

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 18609 of 2025 on September 4, 2025, granting bail to Smt. Kusum, involved in Case Crime No. 0001 of 2025 under Sections 191(2), 191(3), 190, 103(1), 238 and 3(5) B.N.S., Police Station-Binauli, District-Baghpat. Decisive considerations: the applicant was not named in the FIR and her name surfaced only through the co-accused's confessional statement, which the Court observed has no evidentiary value in the eyes of law (counsel had urged it was hit by Section 23 of the Bhartiya Shakshya Adhiniyam); the applicant had been in custody since 24.01.2025. Bail was ordered on a personal bond with two sureties each in the like amount (sureties to be verified before release), conditioned on non-tampering with evidence, non-intimidation of prosecution witnesses and attendance on trial dates, breach being a ground for cancellation. The Court clarified that its observations would not affect the trial Judge's independent opinion on the testimony of witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18609 of 2025

Smt. Kusum

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Sudhir Bharti
Counsel for Opposite Party(s)	: G.A.
Court No.- 65

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Sudhir Bharti, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.0001 of 2025, under Sections 191(2), 191(3), 190, 103(1), 238, 3(5) B.N.S., Police Station-Binauli, District-Baghpat, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and his name has come up in the confessional statement of the co-accused person which has no evidentiary value being hit by Section 23 of the Bhartiya Shakshya Adhiniyam. There is no criminal history of the applicant. The applicant is languishing in jail since 24.01.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant was not named in the FIR and his name has come up in the confessional statement of co-accused which has no evidentiary value in the eyes of law, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made

BAIL No. 18609 of 2025

2

out a case for bail. The bail application is allowed .

Let the applicant- Smt. Kusum , who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

September 4, 2025 Karan

(Krishan Pahal,J.)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad