The Allahabad high court has suspended the conviction and sentence of a man convicted in a 2017 murder case after he expressed his desire to contest the 2027 UP assembly elections either as an independent candidate or, if possible, on a BJP ticket.
A division bench of Justice Siddharth and Justice Vinai Kumar Dwivedi passed the order on a criminal appeal filed by Nandlal Rai alias Babloo Rai, who was convicted by a Varanasi sessions court in 2025 in connection with the murder case registered at Sigra police station in 2017.
“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 in its October 5 order.
The bench noted that Rai was an active BJP worker before his conviction. It also referred to the Supreme Court’s 2023 judgment in Afjal Ansari v. State of Uttar Pradesh, which dealt with the suspension of conviction of public representatives and the consequences of losing the opportunity to contest elections.
The high court cited the Supreme Court’s observation that suspension of conviction under Section 389(1) of the Code of Criminal Procedure must be considered in light of the peculiar facts and circumstances of each case, particularly where refusal to stay a conviction could result in injustice or irreversible consequences.
{{/usCountry}}The high court cited the Supreme Court’s observation that suspension of conviction under Section 389(1) of the Code of Criminal Procedure must be considered in light of the peculiar facts and circumstances of each case, particularly where refusal to stay a conviction could result in injustice or irreversible consequences.
{{/usCountry}}Seeking bail and a stay on his conviction, Rai’s counsel argued that his client had not been named in the FIR and that his alleged involvement surfaced only about 17 days after the FIR was lodged.
The defence also questioned the evidentiary basis of the conviction, contending that it rested on a broken chain of circumstances, doubtful eyewitness testimony and a questionable recovery of the pistol allegedly used in the crime.
The case pertains to the murder of Pramod Kumar Nigam, an active member of the Ram Janmabhoomi movement. Rai was alleged to have murdered Nigam following a minor dispute and was associated with gangster-turned-politician Mukhtar Ansari, according to the prosecution case.
Rai’s counsel submitted that the deceased was politically active and that Rai had been implicated merely on suspicion and conjecture. The state opposed the bail application. After considering the submissions and circumstances of the case, the bench ordered that Rai’s conviction and sentence be stayed during the pendency of his appeal.
The court directed that Rai be released on bail on furnishing a personal bond and two sureties of the like amount. It also restrained him from transferring, selling or otherwise alienating any immovable property in his name, or creating any charge over it, without the court’s permission while on bail.