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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Arvind Kumar 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 the following conditions: (1) the applicant will not tamper with the evidence; (2) the applicant will not indulge in any criminal activity; (3) the applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial; (4) the applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel; on breach of any condition, the court below is at liberty to cancel the bail.

Issue for consideration

Whether accused-applicant Arvind Kumar should be enlarged on bail during the pendency of the trial in Case Crime No. 55 of 2025, Police Station Thathiya, District Kannauj, under Sections 191 (2), 103 (1), 238 of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant is to 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 the stated conditions.

Key takeaways

In the event of breach of any of the imposed bail conditions, the court below will be at liberty to proceed to cancel the bail.ratio¶21

Detailed headnote1 paragraphs

Bail granted — Allahabad High Court (Court No. 66), single-judge bench of Hon'ble Ashutosh Srivastava, J.; CRIMINAL MISC. BAIL APPLICATION No. 26568 of 2025 decided on September 23, 2025. Accused-applicant Arvind Kumar, in custody since 2.5.2025, sought enlargement on bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in Case Crime No. 55 of 2025, Police Station Thathiya, District Kannauj, prosecuted under Sections 191 (2), 103 (1), 238 of the Bharatiya Nyaya Sanhita, 2023, trial pending before the Court below. Counsel urged innocence, alleged false implication amid political rivalry, absence of direct evidence and of criminal antecedent; learned AGA opposed the prayer. Without commenting on the merit of the case, the court held that, weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and the prima facie case, 'a case for bail is made out', and allowed the application: release on executing a personal bond and two reliable sureties each in the like amount, subject to four conditions (no tampering with evidence; no criminal activity; no pressure/intimidation of prosecution witnesses and co-operation in trial; regular appearance before the trial court), with liberty reserved to the court below to cancel bail on breach of any condition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 26568 of 2025

Arvind Kumar

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Maohammd Nadeem
Counsel for Opposite Party(s) : G.A.

Court No. - 66

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Maohammd Nadeem, learned counsel for the applicant, 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 accused-applicant, Arvind Kumar, seeking enlargement on bail in Case Crime No. 55 of 2025, under Sections 191 (2), 103 (1), 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station Thathiya, District Kannauj during the pendency of the trial before the Court below.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 2.5.2025. Learned counsel for the applicant submits that initially a missing report was lodged by the first informant. After two months of the incident, Parcha No. 6 was got recorded by the Investigating Officer and after that applicant, first informant and brother of the deceased have been made accused in this case. Applicant is not related with the first informant in any manner. Due to political rivalry applicant has been implicated in this case. All the witnesses are created by the police. There is no direct evidence against the applicant. 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.

BAIL No. 26568 of 2025

2

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, Arvind 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.

(Ashutosh Srivastava,J.)

September 23, 2025 Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad