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Allahabad High Court

SUNILversusSTATE OF U.P.

Decided

Holding

The court rejected the third bail application, holding that no case for bail exists given the gravity of the offences and the advanced stage of prosecution evidence.

Summary

The applicant, Sunil, filed a third bail application in a case (Crime No. 309 of 2020) involving charges of murder, attempt to murder, and rioting under Sections 147, 148, 149, 302, 307, 34 of the IPC and Section 7 of the Criminal Law Amendment Act. The applicant claimed innocence, arguing that the firearm killings were committed by other co‑accused and that he was only alleged to have participated in a lathi assault. The State opposed bail, emphasizing that the applicant is named in the FIR and that the offences are grave, with four murders and two injuries. The court noted that prosecution evidence is at the final stage, with 22 witnesses already examined, and that the seriousness of the offences outweighs the applicant's claim of no criminal history. Consequently, the court found no basis to grant bail and rejected the third bail application, directing the trial court to expedite the trial within seven months.

Issues considered

  • Whether bail can be granted to an accused charged with murder, attempt to murder and rioting when prosecution evidence is at the final stage.
  • Whether the applicant's claim of innocence and lack of specific role in the firearm killings warrants bail.
  • Whether the length of pre‑trial custody and absence of prior criminal record justify bail in a serious offence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • attempt to murder
  • rioting
  • IPC
  • Criminal Law Amendment Act
  • pre‑trial custody
  • trial delay

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 45995 of 2025

Sunil
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)               :   Mohd. Kamar Shah Alam
Counsel for Opposite Party(s)          :   G.A.

Court No. - 90
                    HON'BLE RAJ BEER SINGH, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State

and perused the material brought on record.


2. The present third bail application has been filed on behalf of the

applicant in case crime No. 309 of 2020, under Sections 147, 148, 149,

302, 307, 34 IPC and Section 7 of Criminal Law Amendment Act, police

station Soron, District Kasganj with the prayer to enlarge the applicant on

bail. The first bail application of applicant was rejected by this Court on

merits vide order dated 22.10.2021 and the second bail application of

applicant was disposed of vide order dated 14.11.2024.


3. It has been argued by learned counsel for the applicant that the

accused-applicant is innocent and he has been falsely implicated in this

case. It was submitted that the role of firing at the deceased persons has

been assigned to five co-accused persons. There is no such allegation that

applicant has caused any fire-arm injury. Regarding applicant and some

of the co-accused persons, only general allegations have been made that

they have assaulted the deceased and injured persons with lathis, sticks

and rods. It was further submitted that deceased Bhupendra @ Rudra and

Radha Charan @ Pappu have died of fire-arm injuries and that deceased
                                                         BAIL No. 45995 of 2025
                                 2


Prem Singh and Pramod have died due to non-fire-arm injuries sustained

by them. Referring to statements of witnesses, it was submitted that no

specific role was assigned to the applicant. Regarding same incident a

cross-case was also lodged from the side of accused persons. In the said

incident, co-accused Krishna Kumar and Satyadev have sustained

injuries.


4. It is further submitted that the first bail application of applicant was

rejected by this Court on merits vide order dated 22.10.2021 but trial is still

at the stage of prosecution evidence and thus, trial of the case is likely to

take sufficient long time in its conclusion. Applicant is in judicial custody

since 22.10.2020, having no criminal history, and that in case applicant is

enlarged on bail, the applicant will not misuse the liberty of bail.


5. Learned A.G.A. has opposed the prayer of bail and argued that

applicant is named in the first information report and that specific role

was assigned to him. It was further submitted that in the incident four

persons were murdered and two persons have sustained injuries. Referring

to facts of the matter, it was submitted that no case for bail is made out.


6. Perusal of record shows that in the alleged incident, four persons were

murdered and two persons have sustained injuries. Applicant is named in

the first information report. As per report of the trial court, 22 witnesses

have already been examined before the trial court and it appears that

prosecution evidence is at final stage.


7. Considering submissions of learned counsel for the parties, gravity of

the offence and all attending facts and circumstances of the case, no case

for grant of bail is made out.
                                                                                            BAIL No. 45995 of 2025
                                                                   3


                                    8. However, considering period of custody of applicant, the trial court is

                                    directed to expedite the trial and to conclude the same as early as possible,

                                    preferably within a period of seven months from the date of receipt of

                                    copy of this order.

                                    9. With aforesaid observations the third bail application is rejected.

                                    10. A copy of this order be transmitted to the trial court concerned for

                                    necessary compliance.


                                                                                            (Raj Beer Singh,J.)
                                    April 15, 2026
                                    Anand




Digitally signed by :-
ANAND VERMA
High Court of Judicature at Allahabad


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