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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Rihana on the ground of parity; release directed on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no pressurizing/intimidating prosecution witnesses, appearance before trial court on fixed dates), with sureties to be verified before the release order.

Issue for consideration

Whether the applicant Rihana is entitled to bail in Case Crime No. 346 of 2025 on the ground of parity with co-accused Islam, who has already been enlarged on bail by this Court.

Court's answer

Without expressing any opinion on the merits of the case, the applicant has made out a case for grant of bail on the ground of parity, and the bail application is allowed on that ground.

Ratio / Principle

Applicant Rihana 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, subject to conditions that she shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; sureties to be verified before issuance of the release order; breach of any condition shall 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¶22

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Rihana in Case Crime No. 346 of 2025, under Sections 333, 103(1), 115(2), 352, 351(3), 3(5) B.N.S., 2023, Police Station Chandpur, District Bijnor, on the ground of parity, without expressing any opinion on the merits. Parity rested on the release of similarly placed co-accused Islam vide order dated 27.10.2025 in Criminal Misc. Bail Application No. 27869 of 2025, a factual aspect not disputed by the State despite opposition by learned A.G.A. The applicant had no criminal history and was in jail since 10.09.2025. The Court acted in light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, and the Supreme Court decisions in Paras Ram Vishnoi vs. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI and Another, 2022 SCC OnLine SC 825. Release ordered on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence and pressurizing/intimidating prosecution witnesses and an undertaking to appear before the trial court; breach to be a ground for cancellation. Observations were clarified not to affect the trial Judge's independent opinion. Decided November 18, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 36823 of 2025

Rihana

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Mandvi Tripathi, Santosh Tripathi Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Ms. Mandvi Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.346 of 2025, under Sections 333, 103(1), 115(2), 352, 351(3), 3(5) B.N.S., 2023, Police Station Chandpur, District Bijnor, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Islam has already been enlarged on bail by this Court vide order dated 27.10.2025 passed in Criminal Misc. Bail Application No.27869 of 2025. There is no criminal history of the applicant. The applicant is languishing in jail since 10.09.2025. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. In case, the applicant is released on bail, she will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

Considering the facts and circumstances of the case, submissions made by

BAIL No. 36823 of 2025

2

learned counsel for the parties, the evidence on record, pending trial and in 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 judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Rihana , who is involved in aforementioned case crime be released on bail on her 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 shall not tamper with evidence during trial.

(ii) The applicant shall not pressurize/intimidate with the prosecution witnesses.

(iii) The applicant shall 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.)

November 18, 2025

(Ravi Kant)

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