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Allahabad High Court

AWADHESH AHIRWARversusSTATE OF U.P.

Decided

Holding

The court held that the applicant made out a prima facie case for bail and therefore granted bail.

Summary

Awadhesh Ahirwar was arrested in connection with Crime No. 89 of 2024, charged under Sections 498‑A, 323, 504, 302/34 of the IPC and Sections 3 and 4 of the D.P. Act. He had been in custody since 17 May 2024, amounting to about one year and ten months, and claimed he was falsely implicated. The prosecution’s case relied on a post‑mortem report that could not determine cause of death and on the testimony of PW‑1 and PW‑3, who did not support the prosecution’s version. The trial had progressed slowly, with only three witnesses examined, and the applicant had no prior criminal record. The court, after considering the lack of conclusive evidence, the lengthy pre‑trial detention, and the applicant’s clean record, found a prima‑facie case for bail and ordered his release on personal bond and two sureties, subject to conditions against tampering with evidence, intimidation of witnesses, and attendance at trial.

Issues considered

  • Whether bail should be granted in a case involving serious offences, including murder, when the trial is pending and evidence is inconclusive.
  • Whether the applicant’s right to liberty outweighs the risk of evidence tampering or witness intimidation.
  • Whether the length of pre‑trial detention justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • serious offences
  • murder
  • IPC
  • evidence
  • trial delay

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 16111 of 2025

Awadhesh Ahirwar
                                                                 .....Applicant(s)
                                       Versus

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

Counsel for Applicant(s)      : Arvind Srivastava, Mohd. Naushad
                                Siddiqui, Rajeev Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 66
(Sl. No. 41 out of 116)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Naushad Siddiqui, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No. 89 of 2024, under Sections 498-A,
323, 504, 302/34 IPC and 3/4 D.P. Act, Police Station Lahchura, District
Jhansi, during the pendency of trial

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
cause of death could not be ascertained as per the post-mortem report. The
informant has been examined as PW-1 and his mother as PW-3 and both
have not supported the prosecution story. There is no likelihood of the
conviction of the applicant in the instant case, as such, he is entitled for bail.

5. There is no criminal history of the applicant. The applicant is languishing
in jail since 17.5.2024, as such, period of incarceration is about one year and
ten months. In case, the applicant is released on bail, he will not misuse the
liberty of bail.

6. Learned A.G.A. has vehemently opposed the bail application.
                                                                                                       BAIL No. 16111 of 2025
                                                                          2


                                    7. This Court had called for the status of trial. The status report dated
                                    13.1.2026 indicates that only three witnesses have been examined to date.

                                    8. Considering the facts and circumstances of the case, submissions made by
                                    learned counsel for the parties, the evidence on record, taking into
                                    consideration the statements of PW-1 and PW-3 and also the fact that the
                                    trial is moving at a snail's pace and applicant being incarcerated for about
                                    one year and ten months, without expressing any opinion on the merits of the
                                    case, prima-facie the Court is of the view that the applicant has made out a
                                    case for bail. The bail application is allowed.

                                    9.        Let   the   applicant- AwadheshAhirwar, who is involved in
                                    aforementioned case crime 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 evidence during trial.
                                    (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
                                    (iii) The applicant shall appear before the trial court on the date fixed.

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

                                    11. It is made clear that observations made in granting bail to the applicant
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                                        (Krishan Pahal,J.)
                                    March 19, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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