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

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

What the court decided

AI extract

Outcome

Applicant Lal Singh to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidation of prosecution witnesses and co-operation in trial; regular appearance on each date fixed by the trial court unless exempted through counsel), with liberty to the court below to cancel bail on breach.

Issue for consideration

Whether the applicant Lal Singh should be enlarged on bail in Case Crime No. 52 of 2025, under Sections 103 (1) B.N.S., Police Station Hathgaon, District Fatehpur, during pendency of trial.

Court's answer

Considering the nature of the offence, the material/evidence brought on record, complicity of the accused, severity of punishment, and the submissions of learned counsel for the parties, the Court held that the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

Release on bail was ordered on furnishing a personal bond and two local sureties each of the like amount, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses with co-operation in trial, regular appearance on trial dates), and in the event of breach the court below may cancel the bail.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 66; Ashutosh Srivastava, J.; Order Date 14.8.2025; Neutral Citation 2025:AHC:139305) allowed Criminal Misc. Bail Application No. 24554 of 2025 filed by Lal Singh, in custody since 15.03.2025, seeking enlargement on bail in Case Crime No. 52 of 2025 under Sections 103 (1) B.N.S., Police Station Hathgaon, District Fatehpur, during pendency of trial. The applicant was neither named in the first information report nor surfaced in the first informant's statement regarding the murder of Rambaran Singh (the applicant's brother-in-law, killed while sleeping on his tubewell); his name surfaced in the confessional statement of co-accused Shiv Baran, brother of the deceased, who admitted giving the axe blow to the deceased's head and stated the applicant only helped drag the dead body. Charge sheet stood filed. Learned A.G.A. opposed the prayer but did not dispute that the applicant has no criminal antecedents. Considering the nature of the offence, material/evidence on record, complicity of the accused, severity of punishment and the parties' submissions, the Judge found a case for bail made out and ordered release on a personal bond and two local sureties each of the like amount, subject to conditions barring evidence-tampering, criminal activity and witness intimidation, requiring regular trial attendance, breach permitting the court below to cancel the bail.

Neutral Citation No. - 2025:AHC:139305

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24554 of 2025

Applicant :- Lal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Manvendra Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant Lal Singh with a prayer to enlarge him on bail in Case Crime No. 52 of 2025, under Sections 103 (1) B.N.S. Police Station-Hathgaon, District-Fatehpur, during pendency of trial.

Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 15.03.2025. He further submits that first information report was lodged by the first informant that a telephonic information was given by one Jhallar Yadav, to the first informant, who informed him that the brother in law of the applicant namely Rambaran Singh, was murdered by any one while he was sleeping on his Tubewell. Learned counsel for the applicant submits that neither the applicant was named in the first information report nor his name has been surfaced in the statement of the first informant. Name of the applicant has been surfaced in the confessional statement of the co-accused Shiv Baran, brother of the deceased. Shiv Baran, the main accused in his confessional statement has admitted that he had given blow by axe over the head of the deceased and the applicant only helped him in dragging the dead body of the deceased. In the present case charge sheet has been filed. Applicant 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.

Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has

no criminal antecedents.

Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant- Lal Singh , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of 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 :- 14.8.2025 Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad