Allahabad High Court

1. Heard Sri Rahul Kumar Singh, learned counsel for the appellant/ applicant, Ms. Meera Tripathi, learned AGA for the State-respondent and Sri Anil Mishra, learned counsel for the complainant on the bail application in pending appeal.

2. This is the first bail application of the present appellant/ applicant Prithvi Pal in Sessions Trial No.681 of 2022, arising out of Case Crime No.54 of 2022, Police Station- Achalganj, District- Unnao wherein the appellant has been convicted under Sections 302/34, 201, 323/34, 504 & 506 IPC and sentenced for maximum period of rigorous life imprisonment with fine stipulations.

3. Learned counsel for the appellant/ applicant has stated that the present appellant/ applicant was on bail during trial and he did not misuse the liberty of bail. He has further submitted that the present appellant/ applicant is having no prior criminal history of any kind whatsoever.

4. Attention has been drawn by the learned counsel for the appellant/ applicant towards para-3 of the conviction order whereby the prosecution story has been considered by the learned Trial Court indicating therein that the role of assault has been attributed to co-convict Kamlesh whereas 2 CRLA No. 3671 of 2024 the present appellant/ applicant has been attributed the role that he was having bamboo cane in his hand and was exhorting Kamlesh and abusing the deceased. As per prosecution story, accused/convict Kamlesh was having axe in his hand and he attacked upon the deceased through the axe. While recording her deposition before the learned Trial Court, the complainant/ informant PW-1 Tarawati has narrated the same story, which has been considered in para-10 of the conviction order. Further attention has been drawn towards para-22 of the conviction order whereby reference of PW-7 Inspector Sandeep Kumar Shukla has been given, who has deposed before the learned Trial Court about the recovery of weapon and the weapon was Khurpi (trowel), which was recovered from the hut of co-convict Kamlesh. Sri Rahul Kumar Singh has stated that the entire prosecution story, which is based on the allegation that the main accused/ convict Kamlesh was having axe in his hand and attacked upon the deceased through axe creates doubt inasmuch as the weapon recovered is Khurpi (trowel).

5. Sri Rahul Kumar Singh has stated that the present appellant/ applicant was having serious heart ailment and on his request, medical examination report was called vide order dated 10.11.2025. The medical examination report has been filed by the Superintendent of Jail, Unnao vide letter dated 15.11.2025, which shows that the present appellant/ applicant is a cardiac patient and his ailment has been indicated " CAD/ACS/IWMI/WP+/TNK+/EF-45%". The medical report further provides that the present appellant/ applicant has been advised for complete bed rest and he will again be sent to the cardiology department of L.P.S. Cardiology, Kanpur.

6. Sri Rahul Kumar Singh has stated that since the present appellant/ applicant is a heart patient; he remained on bail during the trial and he did not misuse the liberty of bail; he had been attributed the role of exhortation, abusing and beating the deceased through bamboo cane; role of assault through axe has been attributed to co-convict Kamlesh; injury report says that the deceased received injuries mainly through sharp edged weapon; the recovered weapon is Khurpi (trowel), therefore, the present appellant/ applicant may be enlarged on bail. Learned counsel for the appellant/ applicant undertakes that he shall argue the appeal on merits as 3 CRLA No. 3671 of 2024 and when the same is listed for final hearing. Further, if the appellant/ applicant is released on bail, he shall not misuse the liberty of bail.

7. Per contra, Ms Meera Tripathi, learned AGA as well as Sri Anil Mishra, learned counsel for the complainant has opposed the bail application by submitting that all accused persons, who are convicts, having common intention to kill the deceased have attacked through weapons, which they were having, therefore, the role of the present appellant/ applicant is equal to co-convict Kamlesh, who attacked upon the deceased through sharp edged weapon. So far as the weapon used by co-convict Kamlesh is concerned, which was axe as per prosecution story and deposition of the informant, but the weapon recovered is Khurpi (trowel), they have stated that they will address the aforesaid point during course of the final argument.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal; considering the fact that the present appellant/ applicant is a heart patient; he remained on bail during the trial and he did not misuse the liberty of bail; he had been attributed the role of exhortation, abusing and beating the deceased through bamboo cane; role of assault through axe has been attributed to co-convict Kamlesh; injury report says that the deceased received injuries mainly through sharp edged weapon; the recovered weapon is Khurpi (trowel); the present appellant/ applicant is having no prior criminal history of any kind whatsoever and undertaking of learned counsel for the appellant/ applicant that he shall argue the appeal on merits as and when the same is listed for final hearing, we find it appropriate to release the appellant/ applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let appellant/ applicant- Prithvi Pal 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 bonds 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. 4 CRLA No. 3671 of 2024

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 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.

14. Before parting with, it is made clear that the aforesaid bail application of the present appellant/ applicant has been considered mainly on the ground that he is a serious heart patient and to get better treatment, he is being enlarged on bail as the detenue or convict or under trial is having fundamental right i.e. right to life enshrined under Article 21 of the Constitution of India, the other co-accused/ convicts may not seek parity with the present appellant/ applicant. (Order on Criminal Appeal)

15. Office is directed to prepare the paper-book, if not already prepared, and provide a copy of the same to the learned counsels for the parties, as per Rules.

16. List the appeal in the month of January, 2026. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 2, 2025 RBS/-

1. Heard Sri Rahul Kumar Singh, learned counsel for the appellant/ applicant, Ms. Meera Tripathi, learned AGA for the State-respondent and Sri Anil Mishra, learned counsel for the complainant on the bail application in pending appeal.

2. This is the first bail application of the present appellant/ applicant Prithvi Pal in Sessions Trial No.681 of 2022, arising out of Case Crime No.54 of 2022, Police Station- Achalganj, District- Unnao wherein the appellant has been convicted under Sections 302/34, 201, 323/34, 504 & 506 IPC and sentenced for maximum period of rigorous life imprisonment with fine stipulations.

3. Learned counsel for the appellant/ applicant has stated that the present appellant/ applicant was on bail during trial and he did not misuse the liberty of bail. He has further submitted that the present appellant/ applicant is having no prior criminal history of any kind whatsoever.

4. Attention has been drawn by the learned counsel for the appellant/ applicant towards para-3 of the conviction order whereby the prosecution story has been considered by the learned Trial Court indicating therein that the role of assault has been attributed to co-convict Kamlesh whereas 2 CRLA No. 3671 of 2024 the present appellant/ applicant has been attributed the role that he was having bamboo cane in his hand and was exhorting Kamlesh and abusing the deceased. As per prosecution story, accused/convict Kamlesh was having axe in his hand and he attacked upon the deceased through the axe. While recording her deposition before the learned Trial Court, the complainant/ informant PW-1 Tarawati has narrated the same story, which has been considered in para-10 of the conviction order. Further attention has been drawn towards para-22 of the conviction order whereby reference of PW-7 Inspector Sandeep Kumar Shukla has been given, who has deposed before the learned Trial Court about the recovery of weapon and the weapon was Khurpi (trowel), which was recovered from the hut of co-convict Kamlesh. Sri Rahul Kumar Singh has stated that the entire prosecution story, which is based on the allegation that the main accused/ convict Kamlesh was having axe in his hand and attacked upon the deceased through axe creates doubt inasmuch as the weapon recovered is Khurpi (trowel).

5. Sri Rahul Kumar Singh has stated that the present appellant/ applicant was having serious heart ailment and on his request, medical examination report was called vide order dated 10.11.2025. The medical examination report has been filed by the Superintendent of Jail, Unnao vide letter dated 15.11.2025, which shows that the present appellant/ applicant is a cardiac patient and his ailment has been indicated " CAD/ACS/IWMI/WP+/TNK+/EF-45%". The medical report further provides that the present appellant/ applicant has been advised for complete bed rest and he will again be sent to the cardiology department of L.P.S. Cardiology, Kanpur.

6. Sri Rahul Kumar Singh has stated that since the present appellant/ applicant is a heart patient; he remained on bail during the trial and he did not misuse the liberty of bail; he had been attributed the role of exhortation, abusing and beating the deceased through bamboo cane; role of assault through axe has been attributed to co-convict Kamlesh; injury report says that the deceased received injuries mainly through sharp edged weapon; the recovered weapon is Khurpi (trowel), therefore, the present appellant/ applicant may be enlarged on bail. Learned counsel for the appellant/ applicant undertakes that he shall argue the appeal on merits as 3 CRLA No. 3671 of 2024 and when the same is listed for final hearing. Further, if the appellant/ applicant is released on bail, he shall not misuse the liberty of bail.

7. Per contra, Ms Meera Tripathi, learned AGA as well as Sri Anil Mishra, learned counsel for the complainant has opposed the bail application by submitting that all accused persons, who are convicts, having common intention to kill the deceased have attacked through weapons, which they were having, therefore, the role of the present appellant/ applicant is equal to co-convict Kamlesh, who attacked upon the deceased through sharp edged weapon. So far as the weapon used by co-convict Kamlesh is concerned, which was axe as per prosecution story and deposition of the informant, but the weapon recovered is Khurpi (trowel), they have stated that they will address the aforesaid point during course of the final argument.

8. Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal; considering the fact that the present appellant/ applicant is a heart patient; he remained on bail during the trial and he did not misuse the liberty of bail; he had been attributed the role of exhortation, abusing and beating the deceased through bamboo cane; role of assault through axe has been attributed to co-convict Kamlesh; injury report says that the deceased received injuries mainly through sharp edged weapon; the recovered weapon is Khurpi (trowel); the present appellant/ applicant is having no prior criminal history of any kind whatsoever and undertaking of learned counsel for the appellant/ applicant that he shall argue the appeal on merits as and when the same is listed for final hearing, we find it appropriate to release the appellant/ applicant on bail.

9. Accordingly, the bail application is allowed.

10. Let appellant/ applicant- Prithvi Pal 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 bonds 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. 4 CRLA No. 3671 of 2024

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 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.

14. Before parting with, it is made clear that the aforesaid bail application of the present appellant/ applicant has been considered mainly on the ground that he is a serious heart patient and to get better treatment, he is being enlarged on bail as the detenue or convict or under trial is having fundamental right i.e. right to life enshrined under Article 21 of the Constitution of India, the other co-accused/ convicts may not seek parity with the present appellant/ applicant. (Order on Criminal Appeal)

15. Office is directed to prepare the paper-book, if not already prepared, and provide a copy of the same to the learned counsels for the parties, as per Rules.

16. List the appeal in the month of January, 2026. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December 2, 2025 RBS/-