Allahabad High Court
RIYAZversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Riyaz in Criminal Case No. 63 of 2025, alleged to involve murder under Sections 103(1), 61(2) and 238(Ka) of the BNS. The applicant argued that the FIR made a general allegation against him and co‑accused Zeeshan, that the deceased’s death was accidental, and that he had no motive, no prior criminal record, and had been in custody since 18‑03‑2025. The prosecution could not refute these factual submissions but opposed bail. The Court, taking into account the nature of the offence, the lack of motive, the applicant’s clean record, overcrowded jails, and the Supreme Court precedents in Kapil Wadhawan v. CBI (2025) and the Policy Strategy for Grant of Bail (2023), held that bail was appropriate. Accordingly, the Court ordered the applicant’s release on bail subject to a personal bond, two sureties and several conditions, and directed procedural steps for verification and release.
Issues considered
- Whether the applicant is entitled to bail under Sections 103(1), 61(2) and 238(Ka) of the BNS in view of the facts and alleged motive.
- Whether the Supreme Court judgments on bail (Kapil Wadhawan v. CBI and Policy Strategy for Grant of Bail) are applicable to this case.
- Whether the applicant’s lack of prior criminal record and the circumstances of the alleged accidental death justify granting bail.
Legislation cited
- BNS — s. 103(1), 238(Ka), 61(2)
Subjects
- bail
- criminal procedure
- overcrowded prisons
- Supreme Court precedent
- motive
- accidental death
- BNS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30046 of 2025
Riyaz
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Farid Ahmad, Jawad Tariq, Kamlesh
Kumar Dwivedi, Mayank Yadav
Counsel for Opposite Party(s) : G.A., Praveen Kumar
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the
applicant, Sri Praveen Kumar, learned counsel for the first informant
and Sri Rakesh Kumar Mishra, learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 63 of 2025, under Sections-
103(1), 61(2), 238(Ka) of BNS, Police Station-Asmoli, District-
Sambhal, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that in the FIR,
general allegation has been made against the applicant and two other
co-accused persons. However, in the statement of the first informant,
he made allegation that the co-accused, Zeeshan was pressurizing
the deceased for marriage and subsequently, the accused persons
had thrown the deceased from the roof top and thereafter, informed
the first informant and on reaching the hospital, he found that the
deceased was in ICU. It is further submitted that applicant has no
motive to kill the deceased as is clear from the statements of the first
informant as well as other staff nurse Gudia and Neetu and the
motive has been assigned to the co-accused, Zeeshan and both of
them also quarreled on some issue on the date of incident. It is
further submitted that it is the case of accidental falling, deceased fell
down from the stairs and received injuries and also submitted that the
BAIL No. 30046 of 2025
2
postmortem report of the deceased shows that he received one injury
on head and three other injuries on non-vital part. Therefore, one
head injury is found to be fatal. Therefore, applicant is entitled to be
released on bail. It is further submitted that the applicant has no
criminal history. The applicant is a law abiding citizen and he is
languishing in jail since 18.03.2025. In case, he is granted bail, he will
not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Riyaz, involved in the aforementioned 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,
with the following conditions:-
i. 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 from disclosing such facts to the Court or to
any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
BAIL No. 30046 of 2025
3
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of Aadhaar card as well as mobile number of the
applicant and sureties should also be conducted by the court
concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or e-prison portal in
compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.)
No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC
685.
(Arun Kumar Singh Deshwal,J.)
April 15, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
Checking your session…