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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Km Isha on the ground of parity; release on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurizing/intimidating prosecution witnesses, and appearing before the trial court on dates fixed; identity, status and residence proof of applicant and sureties to be verified by the court concerned before bonds are accepted.

Issue for consideration

Whether applicant Km Isha, arraigned in Case Crime No. 429 of 2025 under Sections 103(1), 238, 61(2) B.N.S., is entitled to bail on the ground of parity with co-accused Amir Khan, who has already been enlarged on bail.

Court's answer

Considering the submissions, the record, the cited precedents (Paras Ram Vishnoi, Nanha, Satender Kumar Antil), and without expressing any opinion on the merits, the applicant has made out a case for bail on the ground of parity with co-accused Amir Khan; the bail application is allowed on the ground of parity.

Ratio / Principle

Applicant Km Isha 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: (i) no tampering with evidence during trial; (ii) no pressurizing/intimidating prosecution witnesses; (iii) appearance before the trial court on dates fixed; breach entitles the prosecution to move for cancellation of bail.

Key takeaways

Rider: observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.obiter¶22

Detailed headnote1 paragraphs

Bail — grant on ground of parity — applicant arraigned in Case Crime No. 429 of 2025 under Sections 103(1), 238, 61(2) B.N.S., P.S. Tajganj, District Agra — role of applicant identical to that of co-accused Amir Khan, already enlarged on bail by this Court vide order dated 21.11.2025 in Criminal Misc. Bail Application No. 26443 of 2025 — applicant in jail since 25.6.2025 with no criminal history, facts of parity and absence of criminal history not disputed by the State — taking into consideration Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 (Supreme Court), Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 (this Court) and Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 (Supreme Court), and without expressing any opinion on merits, bail application allowed on the ground of parity — release on personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence and pressurizing/intimidating prosecution witnesses and to appear before the trial court — observations in the bail order not to affect the trial Judge's independent assessment of witness testimony.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 38661 of 2025

Km Isha

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

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Najakat Ali, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.

Applicant seeks bail in Case Crime No.429 of 2025, under Sections 103(1), 238, 61(2) B.N.S., Police Station- Tajganj, District- Agra, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Amir Khan has already been enlarged on bail by this Court vide order dated 21.11.2025 passed in Criminal Misc. Bail Application No.26443 of 2025. The applicant is languishing in jail since 25.6.2025, having no criminal history to her credit. 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.

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 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, the evidence on record, and also taking into consideration the judgment of the Supreme Court passed in the case of

BAIL No. 38661 of 2025

2

Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, prima faice, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Km Isha involved in aforementioned case crime number 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 following conditions.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurize/intimidate 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, the prosecution shall be at liberty to move bail cancellation application before this Court.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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 on the testimony of the witnesses.

(Krishan Pahal,J.)

December 1, 2025 Vikas Verma

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad