Krishna Pal and Another vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2026)

Krishna Pal and Another vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Short-term bail for two months to appellant Krishna Pal on execution of a personal bond and two securities each in the like amount to the satisfaction of the trial court; release after acceptance of the bail bond; bail period expires just after 60 days from release with immediate surrender thereafter; trial court to submit a compliance report on surrender to this Court; matter listed on 09.07.2026.

Issue for consideration

Whether appellant no. 1 Krishna Pal, serving the sentence imposed by the judgment dated 26.7.2024 of the Session Judge, Hardoi, should be released on short-term bail on the ground of his serious medical condition (paralysis / right-sided hemiparesis due to subcortical infarct).

Court's answer

The application for short-term bail of appellant Krishna Pal is allowed for a period of two months on execution of a personal bond and two securities each in the like amount to the satisfaction of the trial court concerned.

Ratio / Principle

The applicant/appellant Krishna Pal shall be released on short-term bail after acceptance of the bail bond.

Key takeaways

The period of short-term bail will expire just after 60 days from the date of release, and the appellant/applicant will surrender before the court just after the expiry of the 60-day period.ratio¶20

Detailed headnote1 paragraphs

Criminal Appeal No. 2566 of 2024, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 27 — Order dated May 1, 2026 by Hon'ble Ram Manohar Narayan Mishra, J. on Crl. Misc. Application No. IA/09 of 2026 (short-term bail). Appellants Krishna Pal and another, convicted under S. 304 IPC (10 years rigorous imprisonment and fine of Rs. 5,000/-) and S. 506 IPC (two years rigorous imprisonment and fine of Rs. 2,000/-), sentences concurrent, by the Session Judge, Hardoi in S.T. No. 36/2018 arising out of crime no. 334/2017, Police Station Atrauli, District Hardoi (judgment dated 26.7.2024), sought short-term bail for appellant no. 1 on medical grounds. The Senior Consultant, Central Jail, Fatehgarh reported right-sided hemiparesis due to subcortical infarct; the appellant was hospitalised at U.P. University of Medical Science, Safari, Etawah (09.04.2026 to 29.04.2026), re-lodged in jail on discharge, and thereafter treated in the jail hospital, being unable to move without assistance. Despite the learned A.G.A.'s objection to the three-month prayer, the Court allowed short-term bail for two months on execution of a personal bond and two securities each in the like amount to the satisfaction of the trial court, release upon acceptance of the bail bond, expiry of the bail period just after 60 days from release, immediate surrender thereafter, and a compliance report from the trial court; listed on 09.07.2026.

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 26.7.2024 of the Session Judge, Hardoi in S.T. No. 36/2018 (arising out of crime no. 334/2017, Police Station Atrauli, District Hardoi) convicting and sentencing the appellants: under S. 304 IPC to 10 years rigorous imprisonment and fine of Rs. 5,000/- (default: three months additional simple imprisonment), and under S. 506 IPC to two years rigorous imprisonment and fine of Rs. 2,000/- (default: one month additional simple imprisonment); all sentences to run concurrently.¶13
Session Judge, Hardoi · 26.7.2024
Prior proceeding
This order was passed on Crl. Misc. Application No. IA/09 of 2026 for short-term bail.¶11
Prior proceeding
Criminal appeal preferred under S. 374(ii) Cr.P.C. (now S. 415 B.N.S.S.) against the judgment and order dated 26.7.2024 of the Session Judge, Hardoi.¶13
Prior proceeding
Application for short-term bail along with affidavit filed on 15.04.2026 before this Court praying release of appellant no. 1 Krishan Pal on the ground of his serious medical condition (paralysis).¶14
Prior proceeding
Report on the appellant's medical status summoned from the jail concerned vide order dated 20.04.2026.¶14
Prior proceeding
Senior Consultant, Central Jail, Fatehgarh reported that the prisoner Krishan Pal is suffering from Right Sided Hemiparisis due to Subcortical Intract.¶14
Prior proceeding
Admitted to U.P. University of Medical Science, Safari, Etawah from 09.04.2026 to 29.04.2026; discharged and again lodged in jail on 29.04.2026.¶17
Prior proceeding
Treated in the jail hospital between 29.04.2026 and 01.05.2026 on the advice of expert doctors of the Medical Institute Services Staff.¶17
Prior proceeding
Due to Right Sided Hemiparisis the prisoner/appellant is unable to move and completes his daily course with the assistance of other prisoners.¶17
Prior proceeding
At the hearing, learned counsel for the appellant prayed for three months' short-term bail; learned A.G.A. objected, stating release for a three-month period would not be possible.¶19