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

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

What the court decided

AI extract

Outcome

Applicant Rashid @ Shola to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to: (i) appearing on dates fixed by the trial court; (ii) not tampering with prosecution evidence; (iii) not pressurizing prosecution witnesses; breach of any condition permits the prosecution to seek bail cancellation before this Court.

Issue for consideration

Whether applicant Rashid @ Shola may be enlarged on bail during the pendency of the trial in Case Crime No. 582 of 2023, Sections 304, 328 I.P.C., Police Station Deoband, District Saharanpur. +1 more

Court's answer

Without commenting on the merits of the case, the applicant is entitled to be enlarged on bail: he has remained confined for almost three months, the charge-sheet has been submitted with no hope of early conclusion of trial, and the State has brought no reasonable apprehension that he would tamper with evidence, delay the trial or intimidate witnesses.

Ratio / Principle

Court prima facie finds the applicant was not named in the first information report, his name surfaced after almost one year of the alleged incident, and at this stage there is no substantive evidence to connect him with the offence.

Key takeaways

Applicant ordered released on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (i) appear on dates fixed by the trial court; (ii) not tamper with prosecution evidence; (iii) not pressurize prosecution witnesses.ratio¶19
On breach of any of the above conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶23

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Vivek Varma, J.) — Criminal Misc. Bail Application No. 37113 of 2025, decided November 6, 2025 (Court No. 64). Regular bail GRANTED to Rashid @ Shola in Case Crime No. 582 of 2023, Sections 304, 328 I.P.C., Police Station Deoband, District Saharanpur, pending trial. Grounds relied on: applicant not named in the FIR and name surfaced almost one year after the incident; no substantive evidence connecting him to the offence; confinement since 01.08.2025 (nearly three months); charge-sheet filed with no hope of early trial conclusion; no State apprehension of evidence-tampering, trial-delay or witness intimidation. Decision expressly rendered without commenting on merits. Release on personal bond with two sureties each in the like amount, conditioned on appearance, non-tampering and non-pressurization of witnesses; breach entitles prosecution to file bail-cancellation application before this Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37113 of 2025

Rashid @ Shola

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Akash Tyagi, Neha Tyagi
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 582 of 2023, under Sections 304, 328 I.P.C., Police Station Deoband, District Saharanpur during the pendency of the trial.

Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The death was caused due to a road accident. The name of the applicant surfaced after almost one year of the alleged incident. At this stage there is no evidence to connect the applicant with the alleged offence. After investigation, charge-sheet has been filed. The criminal history of the applicant has been explained in Paragraph-2 of the supplementary affidavit. The applicant is in jail since 01.08.2025 and if he is released on bail, he will not misuse the said liberty.

Learned A.G.A. for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report, the name of the applicant surfaced after almost one year of the alleged incident and at this stage there is no substantive evidence

BAIL No. 37113 of 2025

2

to connect the applicant with the alleged offence. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Rashid @ Shola, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

November 6, 2025

S.S.

(Vivek Varma,J.)

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad