Prem Chandra Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2025)

Prem Chandra Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Prem Chandra released on bail in FIR No. 64 of 2025 on furnishing a personal bond with two sureties of Rs.20,000/- each, to the satisfaction of the court concerned, subject to conditions: (a) execute a bond undertaking to attend hearings; (b) not commit any offence similar to that accused/suspected of; (c) not directly or indirectly make inducement, threat or promise to any person acquainted with the facts to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the applicant, in custody since 23.3.2025 with no criminal history, whose case rests on allegations identical to those against a co-accused already enlarged on bail, is entitled to be enlarged on bail in FIR No. 64 of 2025.

Court's answer

Adopting the same reasoning as applied to the co-accused, and without commenting upon the merits of the case, the applicant — in jail since 23.3.2025 and with no criminal history — is entitled to be enlarged on bail.

Ratio / Principle

The bail application is allowed; the applicant Prem Chandra is directed to be released on bail in the aforesaid FIR on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions (a) undertaking to attend hearings, (b) not committing any similar offence, and (c) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. — Criminal Misc. Bail Application No. 7457 of 2025 (decided 28 October 2025): Bail granted to applicant Prem Chandra sought in FIR No. 64 of 2025 under Sections 103(1), 333, 352, 115(2) BNS, P.S. Mishrit, District Sitapur. Learned counsel relied on parity, submitting the co-accused had been enlarged on bail on identical allegations and that the applicant had no criminal history. The Court, considering the facts and circumstances and adopting the same reasoning, expressly without commenting upon the merits, held the applicant — in jail since 23.3.2025 with no criminal history — entitled to enlargement on bail, and allowed the application. The applicant was ordered released on a personal bond with two sureties of Rs.20,000/- each, subject to conditions of attending hearings, abstaining from similar offences, and refraining from inducement, threat, promise or tampering with evidence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 7457 of 2025

Prem Chandra

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s) Counsel for Applicant(s) : Priyam Kumar Singh Counsel for Opposite Party(s) : G.A., Om Prakash Yadav, Ram Milan Yadav

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant seeks enlargement on bail in FIR No. 64 of 2025, under Sections 103(1), 333, 352, 115(2) BNS, P.S. Mishrit, District Sitapur.

3. Learned counsel for the applicant argues that the co accuse has been enlarged on bail. Apart from which the allegations are the same as against the present applicant. The present applicant also does not have any criminal history.

4. Learned AGA has opposed the bail application.

5. Considering the facts and circumstances and adopting the same reasoning, however, without commenting upon the merits of the case, the applicant who is in jail since 23.3.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Prem Chandra be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of

BAIL No. 7457 of 2025

2

which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

(Pankaj Bhatia,J.)

October 28, 2025

J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench