The High Court allowed a criminal bail application in a murder case (IPC 302). The court found no grave restriction to bail, distinguished prosecution weaknesses, and ordered release on bond without recording observations on merits.
Applicant to be released on bail by furnishing personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:21627
Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4836 of 2025
Applicant :- Praveen Opposite Party :- State of U.P. Counsel for Applicant :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 256 of 2023 at Police Station- Chandaus, District-Aligarh under Section 302 IPC. The applicant is in jail since 10.09.2023.
The bail application of the applicant was rejected by the learned trial court on 05.06.2024.
The following arguments made by Ms. Sheeba Jose, learned counsel and Mohd. Kaleem, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:
In the light of the preceding discussion and without making any observations on the merits of the case, the bail
application is allowed.
Let the applicant- Praveen be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023).
The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.
Order Date :- 14.2.2025 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case charged with murder under Section 302 IPC.
Whether parity should be granted to the applicant considering the relief granted to a co-accused.
Whether bail conditions should be relaxed to prevent arbitrariness in demanding sureties.
Colour shows how this judgement treated each authority
Arvind Singh v. State of U.P.Referred¶25
Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023)
Praveen
Ajay Bhanot
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
