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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Akash Kumar in Case Crime No. 63 of 2025 (P.S. Nawabganj, District Farrukhabad) on execution of a personal bond and two reliable sureties each in the like amount, subject to conditions including non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses, and regular trial attendance; court below free to cancel bail on breach.

Issue for consideration

Whether accused-applicant Akash Kumar should be enlarged on bail in Case Crime No. 63 of 2025 (Sections 103(1) Bharatiya Nyaya Sanhita, 2023, Police Station Nawabganj, District Farrukhabad).

Court's answer

Weighing the nature of accusations, severity of punishment if convicted, nature of supporting evidence, apprehension of tampering with witnesses and prima facie case, and without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant Akash Kumar shall be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation in trial, and regular appearance on every date fixed by the trial court unless exempted).ratio¶14
On breach of any of the bail conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Order dated 6.8.2025; Neutral Citation 2025:AHC:133068): Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Akash Kumar, in custody since 05.04.2025, in Case Crime No. 63 of 2025 under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023, P.S. Nawabganj, District Farrukhabad. FIR alleged that on 1-2.04.2025 at night, over an old enmity regarding dealings, co-accused Pravesh Kumar @ Bhura, along with the applicant, assaulted the informant's brother (now deceased) with a fawada. Defence pointed to the main role against co-accused Pravesh versus a general role against the applicant, no recovery from the applicant, absence of independent witnesses, no criminal antecedents, and no likelihood of absconding or tampering. Considering the accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, without commenting on merits, the Court held a case for bail was made out and allowed the application: release on a personal bond and two reliable sureties each in the like amount, with conditions (no tampering, no criminal activity, no pressurising witnesses, regular appearance); breach entitles the court below to cancel bail.

Neutral Citation No. - 2025:AHC:133068

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19471 of 2025

Applicant :- Akash Kumar Opposite Party :- State of U.P. Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicant, Shri Vijendra Kumar, 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, Akash Kumar, seeking enlargement on bail in Case Crime No. 63 of 2025, under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Nawabganj, DistrictFarrukhabad.

There is allegation in the First Information Report that on 1- 2.04.2025 at night, due to an old enmity regarding dealings, one co-accused, Pravesh Kumar @ Bhura along with the applicant has assaulted the brother(now deceased) of the informant by using fawada.

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 05.04.2025. Learned counsel for the applicant submits that co-accused, Pravesh, has been assigned the main role of causing assault and only general role has been assigned to the applicant. Nothing incriminating has been recovered from possession or pointing of the applicant. He further submits that there is no independent witness of the alleged incident. 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, Akash Kumar , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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 :- 6.8.2025 Anjali

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad