Kala Alias Suhail vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Kala Alias Suhail vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant Kala Alias Suhail on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to verification of sureties and the stated conditions; bail granted on the ground of parity, without expressing any opinion on the merits.

Issue for consideration

Whether the applicant, Kala Alias Suhail, involved in Case Crime No. 487 of 2025 under Sections 103(1), 3(5) of BNS (PS Lisarigate, District Meerut), is entitled to be released on bail during the pendency of trial on the ground of parity with the co-accused already enlarged on bail.

Court's answer

Without expressing any opinion on the merits, considering the facts and circumstances, submissions, evidence on record and the pending trial, and in light of Nanha S/o Nabhan Kha vs. State of U.P. (1993 Crl.L.J. 938), Paras Ram Vishnoi vs. The Director, CBI (MANU/SCOR/22410/2021) and Satender Kumar Antil vs. CBI ((2022) 10 SCC 51), the Court held the applicant entitled to release on bail and allowed the bail application on the ground of parity with co-accused Shavej Alias Dilbagh.

Ratio / Principle

The applicant is 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 the release order, subject to conditions: no tampering with evidence during trial; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Key takeaways

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.obiter¶23

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Krishan Pahal, J.) — Criminal Misc. Bail Application No. 32015 of 2025, decided October 30, 2025: bail ALLOWED for applicant Kala Alias Suhail, sought during the pendency of trial in Case Crime No. 487 of 2025 under Sections 103(1), 3(5) of BNS, Police Station Lisarigate, District Meerut. Grant rests on PARITY: similarly placed co-accused Shavej Alias Dilbagh had already been enlarged on bail by this Court vide order dated 15.10.2025 in Criminal Misc. Bail Application No. 31979 of 2025, and the applicant — languishing in jail since 30.07.2025 with no criminal history — was stated to be at par with him; the A.G.A. opposed the prayer but did not dispute these factual aspects. Decision taken 'without expressing any opinion on the merits', in light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 (this Court); Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 (Supreme Court); and Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 (Supreme Court). Release ordered on a personal bond and two sureties each in the like amount, sureties to be verified before the release order, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed), breach being a ground for cancellation. Observations made in granting bail expressly not to affect the trial Judge's independent opinion based on witness testimony.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 32015 of 2025

Kala Alias Suhail

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Mukesh Chandra Gupta, Shubham Prakash Gupta Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Shubham Prakash Gupta, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No. 487 of 2025, under Sections 103(1), 3(5) of BNS, Police Station - Lisarigate, District - Meerut, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Shavej Alias Dilbagh has already been enlarged on bail by this Court vide order dated 15.10.2025 passed in Criminal Misc. Bail Application No. 31979 of 2025. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

Learned counsel has also stated that the applicant is languishing in jail since 30.07.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

The prayer for bail has been vehemently opposed by learned A.G.A.. However, the aforesaid factual aspects of parity to the co-accused and of

BAIL No. 32015 of 2025

2

no criminal history of the applicant, have not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

Let the applicant- Kala Alias Suhail , who is involved in aforementioned case crime be released on bail on his 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 will not tamper with the evidence during trial.

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will 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.

(Krishan Pahal,J.)

October 30, 2025 Siddhant

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad