Created by Fuzzy Cloud

Allahabad High Court

PUNEET @ NANNEversusSTATE OF U.P.

Decided

Holding

The court held that bail should be granted to the accused.

Summary

Puneet @ Nanne, accused of double murder under IPC sections 452, 307, 302 and 325, had been in custody since October 2022. His first bail plea was rejected, but he filed a second application arguing lack of criminal history, that only five of eighteen prosecution witnesses had been examined, and that the key informant denied giving incriminating statements. The State opposed bail. The High Court, invoking Article 21, the Supreme Court’s decision in Manish Sisodia v. Directorate of Enforcement (2024 LawSuit SC 677), and concerns of jail overcrowding, found that the applicant had made out a case for bail without commenting on the merits, and granted bail subject to strict conditions.

Issues considered

  • Whether bail should be granted to an accused of double murder under sections 302, 307, 325 and 452 of the IPC given the nature of the offence and the evidence on record
  • Whether the right to liberty under Article 21 and the precedent of Manish Sisodia v. Directorate of Enforcement justify bail despite serious charges
  • Whether jail overcrowding and the limited examination of prosecution witnesses warrant the grant of bail

Legislation cited

Subjects

  • bail
  • double murder
  • IPC
  • Criminal Procedure Code
  • Article 21
  • jail overcrowding
  • evidentiary insufficiency
  • undertrial

Judgment

                                                   RESERVED OM 24.4.2026

                                                  DELIVERED ON 27.4.2026
         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 11922 of 2026

Puneet @ Nanne
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)              :    Gyan Singh, Sukhvir Singh
Counsel for Opposite Party(s)         :    G.A.

Court No. - 44
                       HON'BLE SIDDHARTH, J.

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

This is the second bail application of the applicant. The first bail
application of the applicant was rejected vide order dated 17.5.2025
directing the trial court to conclude the trial against the applicant as per
section 309 Cr.P.C.( section 346 B.N.S.S..)

Learned counsel for the applicant has submitted that although it is a case
of double murder, applicant is languishing in jail since 7.10.2022.He has
no criminal history to his credit. Only five prosecution witnesses out of
18 have been examined before the trial court. Applicant is under trial and
cannot be kept behind bar indefinitely.

Learned counsel for the applicant has further submitted that informant,
P.W.1 has been examined before the trial court where she was confronted
with her statement recorded under section 161 Cr.P.C. by the police.She
has denied that she never gave such a statement to the police that
applicant was having one sided love affair with deceased, Tanisha, nor
she gave such statement that he had ill eye on Tanisha. She has admitted
that applicant had no enmity with family of P.W.1.He has submitted that
incident was caused by some one else but applicant has been falsely
implicated in this case on the suspicion that he has having affair with
                                                     BAIL No. 11922 of 2026
                              2


deceased, Tanisha .

On the other hand learned A.G.A has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of
the accused, submissions of the learned counsel for the parties noted
above, finding force in the submissions made by the learned counsel
for the applicant, larger mandate of the Article 21 of the Constitution
of India, recent judgment dated 11.07.2022 of the Apex Court in the
case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit
(SC) 677. and considering 5-6 times overcrowding in jails over and
above their capacity by the under trials and without expressing any
opinion on the merits of the case, the Court is of the view that the
applicant has made out a case for bail. The bail application is
allowed.

Let the applicant, Puneet @ Nanne , involved in Case Crime No.127
of 2022 , under Section-452,307,302,325 IPC, Police Station-
Jasrathpur, District- Etah, be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the
satisfaction of the court concerned subject to following conditions.
Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten the
witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in Court. In case of default of this condition, it
shall be open for the Trial Court to treat it as abuse of liberty of bail
and pass orders in accordance with law.

(iii) The applicant shall remain present before the Trial Court on
each date fixed, either personally or as directed by the Court. In case
of his absence, without sufficient cause, the Trial Court may proceed
against him under Section 229-A of the Indian Penal Code.
                                                                                        BAIL No. 11922 of 2026
                                                                 3


                                    (iv) In case the applicant misuses the liberty of bail during trial and
                                    in order to secure his presence, proclamation under Section 82
                                    Cr.P.C. is issued and the applicant fails to appear before the Court on
                                    the date fixed in such proclamation then the Trial Court shall initiate
                                    proceedings against him in accordance with law under Section 174-A
                                    of the Indian Penal Code.

                                    (v) The applicant shall remain present in person before the Trial
                                    Court on the dates fixed for (i) opening of the case, (ii) framing of
                                    charge and (iii) recording of statement under Section 313 Cr.P.C. If
                                    in the opinion of the Trial Court absence of the applicant is
                                    deliberate or without sufficient cause, then it shall be open for the
                                    Trial Court to treat such default as abuse of liberty of bail and
                                    proceed against him in accordance with law.

                                    In case, of breach of any of the above conditions, it shall be a ground
                                    for cancellation of bail.



                                                                                             (Siddharth,J.)
                                    April 27, 2026
                                    Atul K. Sri.




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.