Arjun Vishwakarma vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

Arjun Vishwakarma vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail application not decided on merits; matter released to be heard by the regular Bench, with directions to the Joint Director (Prosecution), Gorakhpur to file an affidavit on prosecution witnesses and to the trial judge to send a fresh report on trial status and delay; matter to be listed on 10.03.2026 before another Bench after nomination by Hon'ble The Chief Justice.

Issue for consideration

Status of the trial and cause for the delay in concluding the trial in Case Crime No. 300 of 2024 under Sections 302 and 34 IPC, Police Station Gagaha, District Gorakhpur, including the number of witnesses proposed to be examined by the prosecution.

Court's answer

Joint Director (Prosecution), Gorakhpur is directed to file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution.

Ratio / Principle

The learned trial judge is directed to send a fresh report on the status of the trial and the cause of delay in concluding the trial in Case Crime No. 300 of 2024, along with seven specified details in tabulated form (dates of chargesheet and framing of charge; number of prosecution witnesses in the chargesheet; particulars of witnesses proposed; witness calendar; witnesses examined with dates; witnesses summoned but absent; coercive measures taken against witnesses).

Key takeaways

As the matter was nominated to the Judge while he sat as a Single Judge and he now sits in a Division Bench, the Division Bench roster may delay the hearing; it is therefore appropriate to release the matter, which is liable to be heard by the regular Bench.ratio¶22
The matter is to be put up preferably on 10.03.2026 in the list of fresh cases before another Bench of which the Judge is not a member, after obtaining nomination from Hon'ble The Chief Justice.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Ajay Bhanot, J.) in Criminal Misc. Bail Application No. 43830 of 2025, Arjun Vishwakarma v. State of U.P., arising from Case Crime No. 300 of 2024 under Sections 302 and 34 IPC, Police Station Gagaha, District Gorakhpur: (i) Joint Director (Prosecution), Gorakhpur directed to file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution; (ii) learned trial judge directed to send a fresh report on the status of the trial and the cause of delay, with seven tabulated particulars covering dates of chargesheet and framing of charge, prosecution witnesses in the chargesheet, particulars of proposed witnesses, witness calendar, witnesses examined with dates, witnesses summoned but absent, and coercive measures taken; (iii) noting that the matter had been nominated to him as a Single Judge and that he now sits in a Division Bench whose roster may delay the hearing, the Judge released the matter to be heard by the regular Bench; (iv) matter to be put up preferably on 10.03.2026 in the list of fresh cases before another Bench of which he is not a member, after nomination by Hon'ble The Chief Justice; (v) copy of the order to be conveyed to the trial judge through the District Judge, Gorakhpur by the Registrar (Compliance) by e-mail. The merits of bail were not decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43830 of 2025

Arjun Vishwakarma

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Umesh Chandra Prajapati
Counsel for Opposite Party(s)	: G.A.

Court No. - 49

HON'BLE AJAY BHANOT, J.

Joint Director (Prosecution), Gorakhpur shall file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution.

Learned trial judge shall send a fresh report regarding the status of the trial and cause for the delay in concluding the trial in Case Crime No.300 of 2024 under Section 302, 34 I.P.C., Police Station -Gagaha, District-Gorakhpur and also the following details in tabulated form:-

(1) Dates on which chargesheet was filed and the charge was framed.

(2) Number of prosecution witnesses in the chargesheet.

(3) Number and particulars (i.e. name, nature of witness like eye witness and expert witness etc.) of prosecution witnesses proposed to be examined as per the charge sheet.

(4) List of proposed prosecution witnesses/calendar submitted before the trial court for examination during the trial.

(5) Names and number of prosecution witnesses who have been examined before the trial court with dates.

(6) Names and number of witnesses who have been summoned but have not attended the trial proceedings on the appointed

BAIL No. 43830 of 2025

2

dates with dates.

(7) Names and number of witnesses against whom coercive measures have been taken out with dates.

This matter was nominated to me when I was sitting as a Single Judge. Now the determination has changed and I am sitting in a Division Bench. Due to the Division Bench roster the hearing of the bail application might get delayed. Hence it will be appropriate to release the matter. The matter is liable to be heard by the regular Bench.

Put up this matter preferably on 10.03.2026 in the list of fresh cases before another Bench of which I (Ajay Bhanot, J.) am not a member after obtaining nomination from Hon'ble The Chief Justice.

A copy of this order be communicated to the learned trial judge through the learned District Judge, Gorakhpur by the Registrar (Compliance) by e-mail.

(Ajay Bhanot,J.)

January 29, 2026

Vandit

Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad