Allahabad High Court
AKSHAYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the accused, finding no cogent evidence to justify its denial.
Summary
The applicant Akshay was arrested in connection with the murder of an informant's brother on 14 March 2025, alleged under Sections 103(1) and 238 of the BNS. The prosecution's case relied on the FIR stating that the accused and co‑accused moved the dead body to their house, but offered no direct evidence linking Akshay to the killing. Counsel for the applicant argued that he is innocent, has no prior criminal record, and has been implicated only on suspicion. The State Law Officer opposed bail but could not refute the lack of cogent evidence. The court, after considering the nature of the offence, the absence of direct proof, and the applicant’s clean record, held that prima facie the case does not justify denial of bail and ordered his release on personal bond and two sureties with standard conditions. The bail order is subject to verification of sureties and compliance with conditions, and any breach will lead to cancellation.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 238 of the BNS when the prosecution evidence is limited to suspicion and no direct proof.
Legislation cited
- BNS — s. 103(1), 238
Subjects
- bail
- murder
- suspicion
- no criminal history
- sureties
- conditions
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39294 of 2025
Akshay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar, Alok Tripathi, Desh
Ratan Chaudhary, Pavan Kumar,
Siddharth Chaudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sl. No. 50 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Alok Kumar, learned counsel for the applicant and Sri Jai
Kishan Chaurasia, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 58 of 2025, under Sections
103(1), 238 of BNS, Police Station - Doghat, District - Baghpat, during
the pendency of trial.
4. As per prosecution story, the applicant is stated to have committed the
murder of the brother of the informant on 14.03.2025.
5. Learned counsel for the applicant has argued that the applicant is
innocent and has been falsely implicated in the present case. He has
nothing to do with the said offence as alleged in the FIR.
6. Learned counsel has also stated that the applicant has simply been
made an accused on the basis of suspicion only. The FIR was instituted by
the police itself as an afterthought. The FIR itself mentioned the fact that
the applicant and the other co-accused persons took the dead body from
the road to their house, as such, it is a clear cut case of false implication as
there is no cogent or direct evidence against the applicant.The cause of
BAIL No. 39294 of 2025
2
death of deceased has been found to be asphyxia as a result of ante-
mortem throttling.
7. Learned counsel has next contended that the applicant is languishing in
jail since 16.03.2025, having no criminal history to his credit. In case, the
applicant is released on bail, he will not misuse the liberty of bail and
shall cooperate with trial.
8. Per contra, learned State Law Officer has vehemently opposed the bail
application but unable to dispute the submissions raised by the learned
counsel for the applicant and also the fact that the applicant has no
criminal history.
9. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, nature of offence, severity of
punishment and also considering the fact that the applicant has been
nominated on the basis of suspicion and there being no cogent or direct
evidence against him, prima facie I find it a fit case to release the
applicant on bail. The bail application is allowed.
10. Let the applicant- Akshay, 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.
11. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 19, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…