Allahabad High Court
ARUN KUMARversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail pending trial.
Summary
Arun Kumar was arrested for murder under Section 302 IPC and Sections 4 and 25 of the Arms Act after allegedly stabbing a man who intervened in a quarrel with his father. He has been in custody since 29‑April‑2024 and the trial court has examined only four of the 26 proposed witnesses, indicating a likely delay in the conclusion of the trial. The applicant pleaded that he was falsely implicated, has no prior criminal record, and would not misuse bail. The State and the first informant opposed bail, emphasizing the seriousness of the offence and the alleged act of violence. Relying on the Supreme Court’s guidelines in Kapil Wadhawan v CBI, Maya Tiwari v State U.P., and the policy on grant of bail, the High Court held that the applicant is entitled to bail despite the nature of the charge. Consequently, the bail application was allowed with a personal bond, two sureties and specific conditions, and the trial court was directed to expedite the trial.
Issues considered
- Whether bail can be granted to an accused charged with murder under Section 302 IPC and the Arms Act when the trial is delayed and the accused claims false implication.
Legislation cited
- Arms Act — s. 25, 4
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- Section 302 IPC
- Arms Act
- trial delay
- jail overcrowding
- false implication
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39266 of 2025
Arun Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhanshu Pandey
Counsel for Opposite Party(s) : G.A., Raghvendra Pratap Rajan
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Yash Pandey, holding brief of Sri Sudhanshu Pandey,
learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for
the State and Sri Raghvendra Pratap Rajan, learned counsel appearing for
the first informant appointed by the High Court Legal Services
Committee.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 74 of 2024, under Section 302 IPC
and Section 4/25 Arms Act, Police Station Bhaluani, District Deoria,
during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case.It is further
submitted that as per the report submitted by the trial Court, only four
witnesses, out of 26 witnesses proposed to be examined have been
examined and trial is not likely to be concluded in near future. It is also
submitted that the applicant has been languishing in jail since 29.4.2024
and he is having no criminal history. It is lastly submitted that in case the
applicant 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.
has vehemently opposed the prayer for bail but could not dispute the
aforesaid facts, however, it is submitted that the applicant inflicted stab
wound on the deceased who intervened in a quarrel between the applicant
BAIL No. 39266 of 2025
2
and his father and the deceased succumbed to the said injuries.
5. As per the allegation in the FIR, a quarrel took place between the
applicant and his father and when deceased intervened in the said quarrel,
being enraged the applicant inflicted him stab wound on his abdomen and
chest as a result of which, the deceased succumbed to the said injuries. As
per the report submitted by the trial Court, only four witnesses, out of 26
witnesses proposed to be examined have been examined and it appears
that trial is not likely to be concluded in near future. It is also submitted
that the applicant has been languishing in jail since 29.4.2024 and he is
having no criminal history.
6. 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 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail 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.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Arun Kumar 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.
BAIL No. 39266 of 2025
3
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
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 within 24
hours 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.
13. However, the learned trial Court is directed to expedite the trial of the
case as expeditiously as possible, preferably within a period of one year
and the applicant is directed to cooperate in the trial.
(Jitendra Kumar Sinha,J.)
September 24, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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