Anil Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

Anil Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Applicant Anil to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of any condition shall entail cancellation of bail; observations shall not affect the trial on merits.

Issue for consideration

Whether the applicant Anil should be released on bail in Case Crime No. 104 of 2025 under Sections 103(1), 238 BNS, Police Station Dhebarua, District Siddharth Nagar, during the pendency of trial.

Ratio / Principle

Prima facie, considering that the applicant was implicated on the basis of suspicion only and the evidence of last seen pertains to co-accused Sangeeta alone, the applicant has made out a case for bail; the bail application is allowed, without expressing any opinion on the merits of the case.

Key takeaways

The applicant Anil is to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required; breach of any condition shall entail cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Bail allowed — Case Crime No. 104 of 2025, Sections 103(1), 238 BNS, Police Station Dhebarua, District Siddharth Nagar — applicant implicated on the basis of suspicion only; evidence of last seen pertains to co-accused Sangeeta alone and not the applicant; applicant has no criminal history and is in jail since 11.6.2025 — prima facie case for bail made out without expressing any opinion on merits — release ordered on personal bond and two sureties, subject to verification, with conditions against tampering with evidence and intimidating witnesses and to appear before the trial court; breach of conditions to entail cancellation; observations not to affect trial on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 35857 of 2025

Anil

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Abhinav Singh, Santosh Kumar Upadhyay, Sarveshwar Lal Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 66 (Sr. No.92 out of 150)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.104 of 2025, under Sections 103(1), 238 BNS, Police Station Dhebarua, District Siddharth Nagar, during the pendency of trial.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case only on the basis of suspicion. The evidence of last seen is regarding co-accused person Sangeeta only and the applicant was not seen as per the allegations made in the FIR and so is the case of other witnesses. The applicant has no criminal history and is in jail since 11.6.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that applicant has been implicated on the basis of

BAIL No. 35857 of 2025

2

suspicion only coupled by the fact that the evidence of last seen is regarding co-accused person Sangeeta only, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant- Anil , be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

March 18, 2026

Vikas Verma

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