Allahabad High Court
ALTAF ALIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, releasing the accused on bail with conditions.
Summary
Altaf Ali applied for bail in a criminal case (Crime No. 181 of 2025) alleging his involvement in a death where aluminium phosphide was found in the victim's viscera. The applicant claimed innocence, stating the FIR was lodged two days after the incident, he has no prior criminal record, and the alleged recovery of a Baleno car was false. The counsel relied on the judgment in Hasib v. State of U.P. and the Supreme Court’s observations in Jaipal v. State of Haryana that aluminium phosphide poisoning is unlikely to be administered deceitfully. The court noted the delay in filing the FIR, the lack of criminal history, and the cited precedents, and found no substantive evidence linking the applicant to the alleged offences. Consequently, the court granted bail with a personal bond, sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial for offences under Sections 103(1), 305, 316(2) and 317(2) of the Indian Penal Code.
- Whether the delay in lodging the FIR and the nature of aluminium phosphide poisoning affect the likelihood of the accused's culpability.
Legislation cited
- Indian Penal Code — s. 103(1), 305, 316(2), 317(2)
Subjects
- bail
- false implication
- aluminium phosphide poisoning
- FIR delay
- Indian Penal Code
- sections 103, 305, 316, 317
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41013 of 2025
Altaf Ali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Agrawal, Saurabh Basu,
Virendra Singh Parmar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sl. No. 57 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Virendra Singh Parmar, learned counsel for the applicant and
learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 181 of 2025, under Sections
103(1), 305, 316(2), 317(2) of BNS, Police Station - Rath, District -
Hamirpur, during the pendency of trial.
4. 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. It is contended
that the applicant himself is engaged into the business of goldsmith, as
such, he possesses gold which has been shown to be recovered at his
pointing out.
5. Learned counsel has also stated that the FIR is delayed by about two
days and there is no explanation of the said delay caused. The cause of
death of deceased could not be ascertained, as such, her viscera was
preserved. As per viscera report, aluminium phosphide has been found in
it. It is also stated that a false recovery of Baleno car has been foisted on
the applicant.
BAIL No. 41013 of 2025
2
6. Learned counsel has placed much reliance upon para-7 of the
judgement of this Court passed in Hasib Vs. State of U.P. reported in
2025:AHC:181883. The relevant para-7 reads as under:-
"7. In support of his submission, learned counsel has placed much
reliance on the judgment of the Supreme Court in Jaipal vs. State of
Harayana, (2002) AIR (SC) 3447, whereby it was opined that the said
poison cannot be administered to any person forcibly. The relevant
paragraphs of the said judgment are as follows:-
"14. Dr. Sharma admitted during his cross-examination that
aluminium phosphide has a smell. If celphos table is kept
open in a room it will fill the room with smell. It is this
characteristic of celphos poison emitting pungent smell
which renders it improbable to be administered deceitfully
and that is why this poison is not generally used in cases of
homicidal death. Celphos once administered or consumed
spreads rapidly in the body and kidney, liver, spleen, heart
and lungs are affected by the poison. The presence of such
poison having been consumed would be revealed by
pathological findings.
19. We may briefly sum up the opinion of the learned authors
from their published paper. Phosphine gas (active ingredient
of ALP) causes sudden cardiovascular collapse; most
patients die of shock, cardiac arrhythmias, acidosis and
Adult Respiratory Distress Syndrome (ARDS). Aluminium
phosphide is available in the form of chalky white tablets.
When these tablets are taken out of the sealed container, they
come in contact with atmospheric moisture and the chemical
reaction takes place liberating phosphene gas (PH3) which is
the active ingredient of ALP. This gas is highly toxic and
effectively kills all insects and thus preverves the stored
grains. When these tablets are swallowed, the chemical
reaction is accelerated by the presence of hydrochloric acid
in the stomach and within minutes phosphine gas dissipates
BAIL No. 41013 of 2025
3
and spreads into the whole body. The gas is highly toxic and
damages almost every organ but maximal damage is caused
to heart and lungs. Sudden cardiovascular collapse is the
hallmark of acute poisoning. Patients come with fast thready
or impalpable arterial pulses, unrecordable or low blood
pressure and icy cold skin-Somehow these patients remain
conscious till the end and continue to pass urine despite
unrecordable blood pressure. Vomiting is a prominent
feature associated with epigastric burning sensation. The
patients will be smelling foul (garlic like) from their breath
and vomitus. Many of them will die within a few hours. Those
who survive for some time will show elevated juglar venous.
pressure, may develop tender hepatomegaly and still later
Adult Respiratory Distress Syndrome (ARDS), renal shut
down and in a very few cases toxic hepatic jaundice. The
active ingredient of ALP is phosphine gas which causes
extensive tissue damage. A spot clinical diagnosis is possible
in majority of cases of ALP poisoning. However, ALP on
account of its very pungent smell (which can drive out all
inmates from house if left open) can not be taken
accidentally.
28. In the present case we do not find any abnormality in the
conduct of the accused. He is an educated person, a teacher.
If only he had administered any poison to the deceased he
would not have gone to the private clinic and government
hospital where poisoning as a cause of death would be
immediately known or at least strongly suspected by the
doctor attending on the victim. Rather the accused wanted to
be in the company of the deceased and to have her treated.
He attended on her at Navjeevan Hospital and took her to
Civil Hospital."
7. Learned counsel has next contended that the deceased has committed
suicide and the informant has falsely implicated the applicant in the
present case. It is further stated that the applicant is languishing in jail
since 06.05.2025, having no criminal history to his credit. In case, the
BAIL No. 41013 of 2025
4
applicant is released on bail, he will not misuse the liberty of bail and
shall cooperate with trial.
8. Per contra, learned AGA 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, the aforesaid judgement of this Court and the relevant
paragraph relied on by the learned counsel for the applicant and also
considering the fact that the delay of two days in lodging the FIR, prima
facie I find it a fit case to release the applicant on bail. The bail
application is allowed.
10. Let the applicant- Altaf Ali, 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
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