Allahabad High Court
USMANversusSTATE OF U.P.
- Decided
Holding
The court held that the combination of prolonged custody, hostile or absent witnesses, and the applicant’s clean record justifies granting bail even in a non‑bailable murder case.
Summary
The High Court considered a bail application filed by Usman, who is accused under Section 302 of the Indian Penal Code for the alleged murder of a woman. The applicant argued that he is innocent, has been in judicial custody since September 2022, and that key witnesses are either hostile or unavailable, making a speedy trial unlikely. The prosecution opposed bail, noting that an eye‑witness had not yet been examined. The court examined the principles governing bail in non‑bailable offences, the applicant’s clean criminal record, and the evidentiary weaknesses highlighted by the defense. Without expressing an opinion on the merits of the case, the court concluded that the circumstances warranted the grant of bail. Accordingly, bail was ordered on a personal bond of Rs. 50,000 with two sureties and specific conditions.
Issues considered
- Whether bail can be granted in a case of murder (Section 302 IPC) given the applicant's prolonged pre‑trial custody and lack of substantive evidence.
- Whether the presence of a hostile witness and the unavailability of other witnesses justify bail despite the non‑bailable nature of the offence.
Legislation cited
- Indian Penal Code — s. 302, 304
Subjects
- bail
- Section 302 IPC
- non‑bailable offence
- hostile witness
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27010 of 2023
Usman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Rai, Avesh Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Amit Rai, learned counsel for the applicant, Shri B.P.
Singh, learned A.G.A. for the State and perused the record.
2. The present application has been moved seeking bail in Case Crime
no.453 of 2022, under Section 302 of I.P.C, Police Station Behjoi, District
Sambhal, with the prayer that in the event of arrest, applicant may be
released on bail.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case. It is
further submitted that the applicant has been in the judicial custody since
08.09.2022 and only two witnesses have been examined by the learned
trial Court. It is further submitted that the eye witness PW-2, Sonam has
turned hostile and she has not supported the prosecution case in her
testimony recorded before the learned trial Court and the other witnesses
are not turning up and there is no likelihood of trial being completed at an
early date. It is further submitted that the entire incident is said to have
taken place as spur of moment and therefore, the case falls within the
ambit of Section 304 of I.P.C. It is also submitted that the applicant is
having no criminal history. It was also submitted that applicant
undertakes to co-operate during trial and he would appear as and when
required by the investigating agency or Court. It has been stated that in
case, applicant is granted bail, he shall not misuse the liberty of bail and
will co-operate with the investigation and would obey all conditions of
BAIL No. 27010 of 2023
2
bail.
4. On the other hand, learned A.G.A. has opposed the application for
grant of bail and it has been submitted by him that the second eye witness
has not been examined till date.
5. The applicant has been in the judicial custody since 08.09.2022 and
only two witnesses have been examined by the learned trial Court. The
eye witness PW-2, Sonam has turned hostile and she has not supported
the prosecution case in her testimony recorded before the learned trial
Court and the other witnesses are not turning up and there is no likelihood
of trial being completed at an early date. As per first information report,
which has been lodged on an information given by one Yakub to the first
informant Sanjay that his sister has been killed by the applicant by an iron
pipe of the hand-pump and the said Yakub is also not an eye witness in
the alleged incident.
6. In the instant case, considering the settled principle of law regarding
bail, submissions of the learned counsel for the parties, role of applicant
and all attending facts and circumstances of the case, without expressing
any opinion on merits, a case for bail is made out.
7. The bail application is allowed.
8. In the event of arrest of the applicant- Usman involved in the aforesaid
case crime shall be released on bail on his furnishing a personal bond of
Rs. 50,000/- with two sureties each in the like amount to the satisfaction
of the Court concerned, with the following conditions :-
(i) The applicant shall not tamper with evidence and that he would appear
before the trial Court on the date fixed unless exempted by the Court
concerned;
(ii) The applicant shall not directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him/her/them from disclosing such facts to the Court or to any
police officer;
(iii) The applicant would co-operate during trial and would not misuse the
BAIL No. 27010 of 2023
3
liberty of bail.
(iv) The applicant shall not leave India without prior permission of the
Court concerned.
9. In default of any of the conditions, the prosecution shall be at liberty to
file appropriate application for cancellation of bail granted to the
applicant.
(Jitendra Kumar Sinha,J.)
March 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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