Prayagraj: Allahabad high court has stayed the life sentence of a man convicted in a 2017 murder case after noting that he wished to contest the 2027 UP Assembly election, either as an independent 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, who was convicted by a sessions court Varanasi in 2025 for murder.“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,” the court said while granting him bail. The court in its recently passed order also noted that Babloo was an active worker of BJP before his conviction.The bench referred to the Supreme Court’s 2023 decision in Afzal Ansari v. State of Uttar Pradesh. HC said the top court had stayed the conviction of a number of public representatives while holding that “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 court also cited SC observation that suspension of conviction under Section 389(1) of 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.Babloo had sought bail and stay on conviction on the ground that he had not been named in the FIR and that his alleged involvement was disclosed only 17 days after the FIR was lodged.The case pertained to the murder of Pramod Kumar Nigam, an active member of the Ramjanmabhoomi movement. Babloo was said to be an aide of late gangster-politician Mukhtar Ansari and he allegedly murdered Nigam in Varanasi over a minor dispute.Babloo’s counsel claimed he was implicated merely on suspicion and conjecture. He 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.The high court directed that Babloo be released on bail upon furnishing a personal bond and two sureties of the like amount. He was further directed to deposit 50% of the fine within a month from his release from jail. The remaining 50% of the fine will remain stayed during the pendency of the appeal.
