Radhey Shyam and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Radhey Shyam and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension-of-sentence/bail application allowed: interim order confirmed and appellants Radhey Shyam and Vijay directed to be released on bail during pendency of the appeal on a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; on acceptance of bonds the lower court to transmit photostat copies to the High Court; appeal to be listed in due course for hearing (appeal itself not decided).

Issue for consideration

Whether the applicants-appellants, convicted and sentenced in Special Case No. 273 of 2022, should be released on bail and have their sentence suspended during the pendency of Criminal Appeal No. 1937 of 2025.

Court's answer

Considering the rival submissions of learned counsel for the parties, the evidence and other material on record and the attending facts and circumstances, the Court found that a case for grant of bail to the applicants-appellants is made out.

Ratio / Principle

The application for suspension of sentence is allowed and the interim order granted in favour of the applicants-appellants is confirmed.

Key takeaways

Applicants-appellants Radhey Shyam and Vijay, convicted and sentenced in the aforesaid session trial, are to be released on bail during the pendency of the appeal on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.), by order dated May 13, 2026 in Criminal Appeal No. 1937 of 2025, allowed the criminal misc. bail (suspension of sentence) application of appellants Radhey Shyam and Vijay, convicted and sentenced in Special Case No. 273 of 2022 (State vs. Radhey Shyam and another) arising out of Case Crime No. 34 of 2020 under Sections 308/34 and 323/34 I.P.C., Police Station Kapilvastu, District Siddharth Nagar. Considering the rival submissions, the evidence and material on record, and noting that the appellants had been on interim bail for more than a year without misusing its liberty and that the maximum punishment awarded was three years amid heavy pendency of appeals, the Court held that a case for grant of bail was made out, confirmed the interim order, and directed release on bail during the pendency of the appeal on execution of a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the lower court to transmit copies of the bonds to the High Court and the appeal to be listed in due course.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 1937 of 2025

Radhey Shyam And Another

.....Appellant(s)

Versus

State of U.P. and Another

.....Respondent(s)

Counsel for Appellant(s)	: Jitendra Singh
Counsel for Respondent(s)	: G.A.

Court No. - 92

HON'BLE TEJ PRATAP TIWARI, J.

Ref : Order on Criminal Misc. Bail (Suspension of Sentence) Application.

Heard learned counsel for the applicant-appellants, learned A.G.A. for the State and perused the record.

Instant criminal misc. bail application has been filed to release the appellant/applicant on bail and suspend the sentence during the pendency of this appeal in Special Case No. 273 of 2022 (CNR No. UPSD01001714-2022) (State vs. Radhey Shyam and another) in Case Crime No.34 of 2020, under Sections 308/34 and 323/34 I.P.C., Police Station Kapilvastu, District Siddharth Nagar.

Learned counsel for the accused-appellants submits that applicantsappellants are innocent and have been falsely implicated in the present case. During trial applicant-appellants were on bail and have not misused the liberty of bail. The impugned order of conviction is based on improper appreciation of evidence. The applicants-appellants are on interim bail since the last more than one year and have not misused its liberty. In case the applicants-appellants are released on bail, they will not misuse the liberty of bail. Lastly, it has been submitted that maximum punishment awarded to the applicants-appellants are only three years and due to heavy pendency of appeals, this appeal is not likely to be heard in near future.

Learned A.G.A. vehemently opposed the bail prayer and submitted that there are allegations against the applicants-appellants. The prosecution witnesses have supported the prosecution case. Therefore, the applicants-

CRLA No. 1937 of 2025

2

appellants are not entitled to be released on bail.

Considering rival submissions of learned counsel for the parties, the evidence and other material available on record and all other attending facts and circumstances of the case, in view of this Court, case for grant bail to the applicants-appellants is made out.

The application for suspension of sentence is allowed and the interim order granted in favour of the applicants-appellants is hereby confirmed.

Let applicants-appellants- Radhey Shyam and Vijay , convicted and sentenced in aforesaid session trial, be released on bail during the pendency of appeal on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

On acceptance of bail bonds and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.

Order on Appeal

Appeal be listed in due course for hearing.

(Tej Pratap Tiwari,J.)

May 13, 2026

Manoj

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad