Allahabad High Court
RAVIversusSTATE OF U.P.
- Decided
- Disposal
- Allowed/Partly Allowed on merits
Holding
The Court held that bail is appropriate and granted the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ravi, who was arrested in connection with a murder case (Sections 103(1) and 238(A) BNS). The prosecution presented evidence including an obscure video showing the deceased with the applicant, blood stains on the applicant's clothes, and eye‑witness testimony, while the defence argued that the applicant was falsely implicated, had no prior criminal record, and had been in custody since 26‑Feb‑2025. After reviewing the facts and the nature of the evidence, the Court, without expressing an opinion on the merits, concluded that the case was suitable for bail. The Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the evidence of involvement in a murder case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 238(A), 351, 483
Subjects
- bail
- criminal procedure
- murder
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- evidence
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41689 of 2025
Ravi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant, Sri
Shiv Dutt Shukla, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 97 of 2025 under
Sections 103(1), 238(A) BNS registered at Police Station Sadar Bazar,
District Saharanpur during pendency of the trial.
3. At the very outset, learned A.G.A. states that notice has been served
upon the first informant.
4. It has been argued by learned counsel for the applicant that applicant
has been falsely implicated in the present case as the FIR has been lodged
against unknown after recovery of the dead body of the deceased. It is
alleged that father of the first informant went missing from his house on
21.2.2025 and his dead body was recovered on 23.2.2025. It is further
submitted that FIR was lodged on 24.2.2025 and the applicant was
arrested on 26.2.2025 and during investigation, one obscure video was
recovered in which, the deceased was last seen with the applicant. It has
also surfaced during investigation that blood of the deceased was found
on the clothes of the applicant and it is highly improbable that a person
would wear the same cloth for four days after committing the offence. It
is further submitted that applicant has no criminal history and he has been
BAIL No. 41689 of 2025
2
languishing in jail since 26.2.2025 and the trial is not likely to conclude in
near future. It is also submitted that the applicant undertakes that he will
not misuse the liberty, if granted.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail
to the applicant and submits that during investigation, some of the eye
witnesses have stated that the deceased was last seen with the applicant
and blood of the deceased was found on the clothes of the applicant.
6. As per the FIR which has been lodged against unknown alleging
therein that father of the first informant went missing from his house on
21.2.2025 and his dead body was recovered on 23.2.2025. FIR was
lodged on 24.2.2025 and the applicant was arrested on 26.2.2025 and
during investigation, one obscure video is said to have been recovered in
which, the deceased was last seen with the applicant. It has also surfaced
during investigation that blood of the deceased was found on the clothes
of the applicant. It is submitted that it is highly unbelievable that a person
would wear the same clothes for four days after committing such an
offence. The postmortem report of the deceased shows ante mortem
injuries on his person and cause of his death is shown as shock and
hemorrhage as a result of ante mortem injuries. Applicant has no criminal
history and he has been languishing in jail since 26.2.2025.
7. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.
8. Let the applicant Ravi involved in the aforesaid case crime be released
on bail on his furnishing a personal bond of Rs. 50,000/- with 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.
BAIL No. 41689 of 2025
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(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is clarified that anything said in this order is limited to the purpose
of determination of this bail application and will in no way be construed
as an expression on the merits of the case. The trial court shall be
absolutely free to arrive at its independent conclusions on the basis of
evidence led unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
September 17, 2026
Madhurima
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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