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

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

What the court decided

AI extract

Outcome

Applicant Sunil ordered released on bail in Case Crime No. 05/2025 (Sections 103, 191(2), 115(2), 352, 351(2), 333, 3(5) BNS, P.S. Amritpur, district Farrukhabad) on furnishing a personal bond and two sureties of any amount to the satisfaction of the court concerned, subject to conditions: (i) no tampering with prosecution evidence during investigation/trial; (ii) no intimidating or threatening prosecution witnesses or the victim/complainant; (iii) compliance with court orders, appearance on scheduled dates without unnecessary adjournment and sincere cooperation in the trial; (iv) no misuse of the liberty of bail and no involvement in any criminal activity or criminal act; (v) no inducement, threat or promise, directly or indirectly, to any person acquainted with the facts of the case or to police officials so as to dissuade them from disclosing facts in court. The trial court is free to cancel the bail in accordance with law upon breach of any condition.

Issue for consideration

Whether the applicant Sunil, in jail custody since 26.01.2025 in Case Crime No. 05/2025 under Sections 103, 191(2), 115(2), 352, 351(2), 333, 3(5) BNS at P.S. Amritpur, district Farrukhabad, is entitled to be released on bail.

Court's answer

On a holistic consideration of the material facts and circumstances, the nature of the evidence, the absence of any concrete opposing material and the absence of any likelihood of tampering with the available material, the Judge was of the opinion that there is appropriate ground to release the applicant on bail.

Ratio / Principle

Without any comment on the merits or demerits of the case, the applicant was ordered to be released on bail on furnishing a personal bond and two sureties of any amount to the satisfaction of the court concerned, subject to the conditions set out in the order.

Key takeaways

Release was made subject to conditions, including that the applicant shall not tamper with the prosecution evidence during investigation or trial (further conditions in ¶¶20-23: no intimidation of prosecution witnesses or the victim/complainant; compliance with court orders and appearance on scheduled dates without unnecessary adjournment; no misuse of the liberty of bail or engagement in criminal activity; no inducement, threat or promise to any person acquainted with the facts or to police officials to dissuade disclosure in court).ratio¶19
In the event of breach of any of the bail conditions, the trial court is free to cancel the applicant's bail in accordance with law (standard rider attached to the grant).ratio¶24

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J., Court No. 70), September 17, 2025, allowed Criminal Misc. Bail Application No. 21842 of 2025 filed by applicant Sunil seeking bail in Case Crime No. 05/2025 under Sections 103, 191(2), 115(2), 352, 351(2), 333 and 3(5) BNS, P.S. Amritpur, district Farrukhabad (U.P.); applicant in custody since 26.01.2025. Defence contended that the primary role of inflicting grievous injury on the deceased Ramshankar with a sharp-edged weapon was attributed to co-accused Sahab Lal and Salikhram, that nothing incriminating was recovered from the applicant, that he had no prior criminal history, and that co-accused Ram Sewak had already been granted bail in Bail Application No. 24910/2025 by another bench; the complainant's side and the State (Additional Government Advocate) opposed, urging the offence was grave and serious. Taking a holistic view of the material on record, the nature of the evidence, the absence of concrete opposing material and the unlikelihood of tampering, the court — expressly without comment on the merits or demerits of the case — ordered the applicant's release on bail on a personal bond with two sureties of any amount, subject to standard conditions (no tampering with evidence; no intimidation of witnesses/victim; compliance with orders and attendance on fixed dates; no misuse of liberty or criminal activity; no inducement or threat to witnesses or police officials), while reserving the trial court's power to cancel bail on any breach. No precedent was cited and no quantum was specified for the bond.