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

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

What the court decided

AI extract

Outcome

Applicant Hariom to be released on bail in Case Crime No. 534 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance before the trial court on dates fixed unless personal presence exempted; (ii) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police, and no tampering with evidence; (iii) no indulgence in criminal or anti-social activity. On breach of any condition, the prosecution is at liberty to move this Court for cancellation of bail.

Issue for consideration

Whether applicant Hariom - not named in the FIR but made an accused during investigation along with co-accused Shivam Kumar - is entitled to be released on bail in Case Crime No. 534 of 2024 (Sections 103(1), 3(5) BNS and Section 35 Arms Act, P.S. Dhampur, District Bijnor) during pendency of trial.

Court's answer

Taking into account that the applicant was made an accused along with co-accused Shivam Kumar who has already been released on bail by this Court and the applicant's case is at par with him, that the applicant has no criminal history, and that he has been in jail since 19.11.2024 (more than four months), the applicant is entitled to be released on bail.

Key takeaways

The bail application is allowed without expressing any opinion on the merits of the case; the Court clarifies that its observations are limited to the facts brought in by the parties pertaining to disposal of the bail application and shall have no bearing on the merits of the case during trial.obiter¶20

Detailed headnote1 paragraphs

Bail granted on parity with co-accused - Applicant Hariom, though unnamed in the FIR, had been arraigned during investigation in Case Crime No. 534 of 2024 (Sections 103(1), 3(5) BNS and Section 35 Arms Act, Police Station Dhampur, District Bijnor). His case being at par with co-accused Shivam Kumar, already enlarged on bail by this Court vide order dated 20.02.2025 in Criminal Misc. Bail Application No. 3425 of 2025, and the applicant having no criminal history and being in jail since 19.11.2024 (more than four months), the Court held him entitled to bail. Release ordered on a personal bond and two sureties each in the like amount, with conditions against inducement/tampering and criminal or anti-social activity; prosecution free to seek cancellation on breach. All observations expressly confined to the bail question and declared to have no bearing on the merits during trial. Judgment delivered by Hon'ble Sameer Jain, J. on 7.4.2025 (Neutral Citation 2025:AHC:49633).

Neutral Citation No. - 2025:AHC:49633

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6258 of 2025

Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Rajiv Sisodia, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the Staterespondent.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 534 of 2024, under Sections 103(1), 3(5) BNS and Section 35 Arms Act, Police StationDhampur, District- Bijnor, during pendency of the trial in the court below.

Learned counsel for the applicant submits that applicant was not named in the FIR but during the investigation he has been made accused in the present matter along with co-accused Shivam Kumar, and after considering entire facts of the case in detail, coaccused Shivam Kumar, has been released on bail by this Court vide order dated 20.02.2025 passed in Criminal Misc. Bail Application No. 3425 of 2025 and on facts, case of applicant is at par with him.

He further submits that applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024 i.e for last more than four months.

Per contra, learned Brief Holder, however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

I have heard learned counsel for the parties and perused the record of the case.

Considering the argument advanced by learned counsel for the applicant and the fact that during investigation applicant has been

made accused along with co-accused Shivam Kumar, and coaccused Shivam Kumar, has already been released on bail by this Court and case of applicant is at par with him and applicant is not having any criminal history and he is in jail in the present matter since 19.11.2024 i.e. for last more than four months, in my view applicant is entitled to be released on bail.

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

Let the applicant- Hariom , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

Order Date :- 7.4.2025 Saurabh

Digitally signed by :- SAURABH High Court of Judicature at Allahabad