Allahabad High Court
VISHWASversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that prima facie the applicant had made out a case for bail and therefore granted bail.
Summary
Vishwas applied for bail in a murder case (Crime No.84 of 2025) where the prosecution alleges that he, along with co‑accused Ramkesh Kushwaha and Gulbasar, abducted the informant's father, consumed alcohol and then slaughtered him on 22 June 2025. The applicant pleaded innocence, highlighting a 21‑hour delay in filing the FIR, the absence of any material recovery against him, lack of motive, and a clean criminal record. The State opposed bail, but the court noted the delay, the weak evidential link to the applicant, and the fact that no incriminating items were recovered. Without passing on the merits, the court found that the applicant had made out a prima facie case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused Vishwas pending trial in a murder case.
- Whether the 21‑hour delay in lodging the FIR and lack of material recovery justify granting bail.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Legislation cited
- Indian Penal Code — s. 103(1), 238
Subjects
- bail
- murder
- delay in FIR
- prima facie
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 36187 of 2025
Vishwas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Sengar, S Sengar
Counsel for Opposite Party(s) : G.A., Sushil Kumar
Court No. - 66
(Sr. No.96 out of 150)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard learned counsel for the applicant, learned counsel for the informant
as well as learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.84 of 2025, under Sections 103(1),
238 BNS, Police Station Gohan, District Jalaun, during the pendency of trial.
4. As per prosecution story, the applicant alongwith co-accused person
Ramkesh Kushwaha is stated to have taken away the father of the informant
from his house on a motorcycle, and subsequently, the applicant, co-accused
person Ramkesh Kushwaha and one Gulbasar are stated to have taken
drinks, as such, the applicant and other accused persons slaughtered him on
22.6.2025 after 06:30 p.m.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
FIR is delayed by about twenty one hours and there is no explanation of the
said delay caused. The allegations against the applicant are to have carried
the deceased person alongwith co-accused person Ramkesh Kushwaha.
There is no other evidence against him.
6. Learned counsel for the applicant has further argued that the main
evidence is against Ramkesh Kushwaha. There is no recovery from the
BAIL No. 36187 of 2025
2
applicant whatsoever. The applicant did not carry any motive to commit the
said offence. The deceased person had sustained a cut wound on his
neck. The applicant has no criminal history and is in jail since 25.6.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
7. Per contra, learned counsel for the informant and learned State Law
Officer have vehemently opposed the bail application but the submissions
raised by the learned counsel for the applicant could not be disputed.
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 delay in institution of FIR and the allegations made against
the applicant coupled by fact that there is no recovery from the applicant
whatsoever, and 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- Vishwas, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…