Shivraj Singh vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2026)

Shivraj Singh vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Criminal appeal admitted; lower court record to be summoned with steps to be taken within a week; learned AGA permitted to file objection/counter affidavit on the bail application by the next date of listing; case listed on 09-03-2026.

Issue for consideration

Whether the criminal appeal against the conviction and sentence dated 30-10-2025 should be admitted for hearing, the appellant contending that there are arguable points, material contradictions, a concocted prosecution version, and non-compliance with Section 313 Cr.P.C.

Court's answer

The Court held that the matter requires consideration.

Ratio / Principle

The Court admitted the criminal appeal.

Key takeaways

The Court directed that the lower court record be summoned and that steps be taken within a week.ratio¶16
The Court directed that objection/counter affidavit, if any, may be filed by the learned AGA on the bail application by the next date of listing, and listed the case on 09-03-2026.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Ram Manohar Narayan Mishra, J. (January 6, 2026): Admitted Criminal Appeal No. 4163 of 2025 filed by Shivraj Singh under Section 415 (2) BNSS, 2023 / Section 374(2) CrPC against the judgment and order dated 30-10-2025 of the Additional District and Sessions Judge / Special Judge, PC Act-1, Lucknow in ST No.1003 of 2013 (State versus Shivraj Singh), arising out of Case Crime No.311 of 2011, Police Station Vikas Nagar, District Lucknow, whereby the appellant was convicted under Section 304-B IPC (10 years rigorous imprisonment), Section 498-A IPC (3 years rigorous imprisonment), Section 3 DP Act (5 years rigorous imprisonment) and Section 4 D.P. Act (2 years rigorous imprisonment) with default stipulation, all sentences concurrent. Learned counsel for the appellant urged that there are arguable points, material contradictions, a concocted prosecution version, and non-compliance with Section 313 Cr.P.C. The Court found the matter required consideration, admitted the appeal, summoned the lower court record (steps within a week), permitted the learned AGA to file objection/counter affidavit on the bail application by the next date of listing, and listed the case on 09-03-2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 4163 of 2025

Shivraj Singh

.....Appellant(s)

Versus

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

.....Respondent(s)

Counsel for Appellant(s) : Divya Tripathi, Prashant Chaudhary Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned Counsel for the appellant, learned AGA for the State respondent no.1 and perused the record.

Instant criminal appeal under Section 415 (2) BNSS, 2023 / 374(2) of the CrPC has been filed against the judgment and order dated 30-10-2025, passed by the Additional District and Sessions Judge / Special Judge, PC Act-1, Lucknow, in ST No.1003 of 2013; State versus Shivraj Singh, arising out of Case Crime No.311 of 2011, relating to Police Station No.Vikas Nagar, District Lucknow convicting the appellant under Section 304-B IPC for 10 years rigorous imprisonment and under Section 498-A of IPC for 3 years rigorous imprisonment and under Section 3 of DP Act for 5 years rigorous imprisonment and under Section 4 of D.P. Act for 2 years rigorous imprisonment with default stipulation. All the sentences will run concurrently.

Learned counsel for the appellant submits that there are arguable points in the present appeal. There are material contradictions in the present case. Prosecution version is concocted. Provision of Section 313 Cr.P.C., has not been properly complied with.

Matter requires consideration.

Admit.

Summon the lower court record.

CRLA No. 4163 of 2025

2

Steps be taken within a week.

Objection/counter affidavit, if any, may be filed by the learned AGA on the bail application by the next date of listing.

List this case on 09-03-2026.

(Ram Manohar Narayan Mishra,J.)

January 6, 2026

KR

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