Allahabad High Court
VISHALversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
Vishal was arrested in connection with the alleged murder of his 70‑year‑old grandmother, with the prosecution alleging that he assaulted her while intoxicated. The applicant contended that the allegations were false, that he was heavily intoxicated at the time, and that the key eyewitnesses—his parents and siblings—had turned hostile during trial, making conviction unlikely. He also highlighted his clean criminal record and the fact that he had been in custody for almost a year. The State opposed bail but did not dispute the factual contentions raised by the applicant. The court examined the credibility of the hostile witnesses, the applicant's intoxication, and the remote chance of conviction, and concluded that bail was appropriate. Accordingly, the bail application was allowed subject to personal bond, sureties, and conditions to appear in court and not tamper with evidence.
Issues considered
- Whether bail should be granted in a non‑bailable murder case where the accused claims intoxication and hostile witnesses.
- Whether the applicant's lack of prior criminal record and the alleged remote chance of conviction justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1)
Subjects
- bail
- non‑bailable offence
- murder
- intoxication
- hostile witnesses
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32666 of 2026
Vishal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Anil Kumar, learned counsel for the applicant and Sri Ajay
Singh, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 229 of 2025, under Sections 103(1) BNS, Police
Station Kurara, District Hamirpur during pendency of the trial.
3. Learned counsel for the applicant submits, however, as per allegation,
applicant by making assault committed the murder of his grand mother but
entire allegations leveled against applicant are totally false.
4. He further submits, even from the FIR and statements of witnesses it
reflect, at the time of incident applicant was under deep intoxication,
therefore, incident occurred under intoxication and therefore, it cannot be
said that applicant was having intention to commit the murder of his grand
mother.
5. He further submits, incident occurred inside the house of applicant and his
parents and siblings witnessed the incident but all the four witnesses during
trial did not support the prosecution case and have been declared hostile and
their statements recorded before the trial court have been annexed along with
instant bail application.
6. He further submits, considering the statements of alleged eye witnesses
recorded by the trial court it reflects, chances of conviction of the applicant
is quite remote.
BAIL No. 32666 of 2026
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7. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 06.10.2025 i.e. for almost a year.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
9. I have heard learned counsel for the parties and perused the record of the
case.
10. However, as per allegation, applicant by making assault committed the
murder of his grand mother who was about 70 years of age and even post
mortem report suggests deceased sustained number of injuries but even
according to the prosecution at the time of incident applicant was under
intoxication.
11. Further, as per prosecution, incident occurred inside the house of
applicant and incident has been witnessed by parents and siblings of the
applicant but these witnesses during trial did not support the prosecution
case and have been declared hostile. Considering this fact, this Court finds
merit in the argument advanced by learned counsel for applicant that
chances of conviction of the applicant in the present matter is quite remote.
12. Further, applicant is not having any criminal history and in the present
matter he is in jail since 06.10.2025 i.e. for almost a year.
13. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
15. Let the applicant - Vishal be released on bail in the aforesaid case on
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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
BAIL No. 32666 of 2026
3
(iii) The applicant shall not indulge in any criminal and anti-social activity.
16. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
17. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
September 14, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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