Allahabad High Court

1. Heard Sri R.D. Shahi, learned counsel for the appellant/ applicant and Sri Sanjay Kumar, learned AGA for the State-respondent on the bail application in pending appeal.

2. This is the first bail application of the present appellant/ applicant- Samsuddin in Sessions Trial No.39 of 2019, arising out of Case Crime No.40 of 2019, Police Station- Rehra Bazar, District- Balrampur, wherein the appellant has been convicted under Sections 302/34, 307/34 IPC and sentenced for maximum period of imprisonment with fine stipulations.

3. In compliance of the order of this Court, medical examination report of the present appellant/ applicant has been filed by the Senior Superintendent of Jail, District Jail, Lucknow vide letter dated 10.12.2025 enclosing therewith the relevant documents, opinion of the Senior Consultant, Central Jail, Varanasi and medical papers, the same are taken on record.

4. As per opinion of the Senior Consultant, the present appellant/ applicant is a critical heart patient, his Angiography has been undertaken 2 CRLA No. 500 of 2024 wherein 90% blockage in descending arteries was found, therefore, the appellant/ applicant has been advised for CABG (Coronary Artery Bypass Grafting). For carrying out the aforesaid medical procedure, a sum of Rupees five lakh is to be spent/ expensed, for that, budget has been sought but that amount has not been sanctioned as on today.

5. Sri R.D. Shahi has submitted that if the present appellant/ applicant is released on bail, he may take necessary medical treatment on his own expenses and his life may be saved, if the proper treatment is provided to him.

6. So far as merit of the bail application is concerned, Sri Shahi has stated that this is a case where the present appellant/ applicant was not named in the FIR. There is no eye witness account or last seen evidence. As a matter of fact, there is no ocular evidence in the present case. Statement of the alleged eye witness has been recorded after about 45 days from the date of lodging of the FIR. Even the eye witness has assigned the general allegation against all accused persons but specific name of co-convict Saddam has been taken in her statement. Sri Shahi has further submitted that criminal history of the present appellant/ applicant of three cases including the present case has been explained in para-16 of the rejoinder affidavit, however, in respect of Case Crime No.191 of 2019, under Section 3(1) of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station- Rehra Bazar, District- Balrampur, learned counsel has produced bail order dated 04.11.2020 passed by this Court in Bail No.8293 of 2020, the same is taken on record. As per Sri Shahi, the present appellant/ applicant remained on bail during trial and he did not misuse the liberty of bail. Pursuant to the conviction order, he is in jail w.e.f. 29.01.2024. Learned counsel has further submitted that during trial, the present appellant/ applicant remained in jail for couple of months. Learned counsel undertakes that he will argue the appeal on merits as and when the same is listed for hearing and shall not take any unnecessary adjournment. Further, if the appellant/ applicant is released on bail, he shall not misuse the liberty of bail.

7. Per contra, Sri Sanjay Kumar, learned AGA has vehemently opposed the bail application by submitting that this is a case of triple murder. So 3 CRLA No. 500 of 2024 far as aforesaid arguments of learned counsel for the appellant/ applicant are concerned, he will address all the points during the course of final hearing, however, he could not dispute the facts that the present appellant/ applicant was not named in the FIR and there is no ocular witness against the present appellant/ applicant.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal; mainly considering the serious ailment of heart of the present appellant/ applicant as well as the fact that he was not named in the FIR; he remained on bail during trial and did not misuse the liberty of bail; there is no eye witness account or last seen evidence and undertaking of learned counsel for the appellant/ applicant that he shall argue the appeal on merits as and when it is next listed for hearing, we find it appropriate to release the appellant/ applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let appellant/ applicant- Samsuddin, convict of the aforesaid sessions trial, 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.

11. As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

12. It is further made clear that during bail, if the appellant/ applicant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. Out of total fine imposed by the learned Trial Court, 50% fine shall be deposited by the appellant/ applicant within a period of four weeks from the date of release and the same shall be remitted in the account of legal heirs of the deceased persons in equal proportion and rest 50% fine shall remain stayed. If 50% fine is not deposited within the aforesaid stipulated time, the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence. 4 CRLA No. 500 of 2024 (Order on Criminal Appeal)

14. List the appeal in the week commencing 2nd February, 2026 for hearing. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 17, 2025 RBS/-

1. Heard Sri R.D. Shahi, learned counsel for the appellant/ applicant and Sri Sanjay Kumar, learned AGA for the State-respondent on the bail application in pending appeal.

2. This is the first bail application of the present appellant/ applicant- Samsuddin in Sessions Trial No.39 of 2019, arising out of Case Crime No.40 of 2019, Police Station- Rehra Bazar, District- Balrampur, wherein the appellant has been convicted under Sections 302/34, 307/34 IPC and sentenced for maximum period of imprisonment with fine stipulations.

3. In compliance of the order of this Court, medical examination report of the present appellant/ applicant has been filed by the Senior Superintendent of Jail, District Jail, Lucknow vide letter dated 10.12.2025 enclosing therewith the relevant documents, opinion of the Senior Consultant, Central Jail, Varanasi and medical papers, the same are taken on record.

4. As per opinion of the Senior Consultant, the present appellant/ applicant is a critical heart patient, his Angiography has been undertaken 2 CRLA No. 500 of 2024 wherein 90% blockage in descending arteries was found, therefore, the appellant/ applicant has been advised for CABG (Coronary Artery Bypass Grafting). For carrying out the aforesaid medical procedure, a sum of Rupees five lakh is to be spent/ expensed, for that, budget has been sought but that amount has not been sanctioned as on today.

5. Sri R.D. Shahi has submitted that if the present appellant/ applicant is released on bail, he may take necessary medical treatment on his own expenses and his life may be saved, if the proper treatment is provided to him.

6. So far as merit of the bail application is concerned, Sri Shahi has stated that this is a case where the present appellant/ applicant was not named in the FIR. There is no eye witness account or last seen evidence. As a matter of fact, there is no ocular evidence in the present case. Statement of the alleged eye witness has been recorded after about 45 days from the date of lodging of the FIR. Even the eye witness has assigned the general allegation against all accused persons but specific name of co-convict Saddam has been taken in her statement. Sri Shahi has further submitted that criminal history of the present appellant/ applicant of three cases including the present case has been explained in para-16 of the rejoinder affidavit, however, in respect of Case Crime No.191 of 2019, under Section 3(1) of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station- Rehra Bazar, District- Balrampur, learned counsel has produced bail order dated 04.11.2020 passed by this Court in Bail No.8293 of 2020, the same is taken on record. As per Sri Shahi, the present appellant/ applicant remained on bail during trial and he did not misuse the liberty of bail. Pursuant to the conviction order, he is in jail w.e.f. 29.01.2024. Learned counsel has further submitted that during trial, the present appellant/ applicant remained in jail for couple of months. Learned counsel undertakes that he will argue the appeal on merits as and when the same is listed for hearing and shall not take any unnecessary adjournment. Further, if the appellant/ applicant is released on bail, he shall not misuse the liberty of bail.

7. Per contra, Sri Sanjay Kumar, learned AGA has vehemently opposed the bail application by submitting that this is a case of triple murder. So 3 CRLA No. 500 of 2024 far as aforesaid arguments of learned counsel for the appellant/ applicant are concerned, he will address all the points during the course of final hearing, however, he could not dispute the facts that the present appellant/ applicant was not named in the FIR and there is no ocular witness against the present appellant/ applicant.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal; mainly considering the serious ailment of heart of the present appellant/ applicant as well as the fact that he was not named in the FIR; he remained on bail during trial and did not misuse the liberty of bail; there is no eye witness account or last seen evidence and undertaking of learned counsel for the appellant/ applicant that he shall argue the appeal on merits as and when it is next listed for hearing, we find it appropriate to release the appellant/ applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let appellant/ applicant- Samsuddin, convict of the aforesaid sessions trial, 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.

11. As soon as personal bond and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

12. It is further made clear that during bail, if the appellant/ applicant commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

13. Out of total fine imposed by the learned Trial Court, 50% fine shall be deposited by the appellant/ applicant within a period of four weeks from the date of release and the same shall be remitted in the account of legal heirs of the deceased persons in equal proportion and rest 50% fine shall remain stayed. If 50% fine is not deposited within the aforesaid stipulated time, the bail granted to the appellant/ applicant shall stand cancelled and he shall be arrested and sent to jail to serve out the sentence. 4 CRLA No. 500 of 2024 (Order on Criminal Appeal)

14. List the appeal in the week commencing 2nd February, 2026 for hearing. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 17, 2025 RBS/-