The Allahabad High Court has stayed the conviction and sentence of a man convicted in a 2017 murder case after noting that he wished to contest the 2027 Uttar Pradesh Assembly election, either as an independent candidate or, if possible, on a BJP ticket.

A Bench of Justice Siddharth and Justice Vinai Kumar Dwivedi passed the order in the criminal appeal filed by Nandlal Rai alias Babloo Rai, who was convicted in 2025 in connection with a 2017 Murder case.

"Keeping in view the right to livelihood of a common man which is not less important than the right to contest election by a politician, conviction and sentence of appellant deserves to be stayed so that he may be able to survive for hearing the final verdict in his above noted appeal", the Court observed.

The Court thus granted bail to the appellant, noting that he was a political figure and an active Bharatiya Janata Party worker before his conviction.

In its 3-page order, the High Court referred to the Supreme Court's 2023 decision in Afjal Ansari v. State of Uttar Pradesh to observe that the Top Court had stayed the conviction of a number of public representatives while holding that the "politicians bear special duty towards their constituent and failure to secure stay of conviction may lead to loss of opportunity to contest election and granted stay of conviction to the politicians/legislators".

The Bench reproduced the Supreme Court's observation that suspension of conviction under Section 389(1) CrPC must be considered in light of the "peculiar facts and circumstances" of the case, particularly where failure to stay the conviction could lead to "injustice or irreversible consequences".

Case in brief

Briefly put, the appellant had sought bail and a stay of conviction on the ground that he had not been named in the FIR and that his alleged involvement was disclosed only around 17 days after the FIR was lodged.

The case pertained to the murder of Pramod Kumar Nigam, an active member of the Ram Janmabhoomi movement. Appellant-Rai was associated with gangster-turned-politician Mukhtar Ansari and he allegedly murdered Nigam over a minor dispute.

Before the Court, his counsel also argued that the deceased (Nigam) was politically active and the appellant (Rai) was implicated merely on suspicion and conjecture.

It was contended that the conviction was based on a broken chain of circumstances and doubtful eye-witness testimony, and that the recovery of the murder weapon (pistol) was also questionable.

He categorically submitted that he is a political person and was an active worker of the BJP before his conviction, and that he now desires to contest the 2027 UP Polls either as an independent candidate or, if possible, from the BJP.

The State opposed the bail application; however, the Additional Government Advocate could not dispute the contentions advanced by the appellant's counsel.

High Court's order

After considering the submissions of the parties and the circumstances of the case, the High Court said that the appellant's conviction and sentence deserved to be stayed during the pendency of the appeal.

The Court directed that Rai be released on bail upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

It also directed him not to transfer, sell or alienate any immovable property in his name, or create any charge over it, without the Court's permission while on bail.

The appellant was further directed to deposit 50% of the fine within one month from his release from jail. The remaining 50% of the fine will remain stayed during the pendency of the appeal.

The Court directed that the appeal's paper book be prepared within six weeks, if not already prepared, and ordered that the matter be listed for hearing in due course.