The Allahabad High Court has stayed the conviction and life sentence of Nandlal Rai, alias Babloo Rai, a murder convict who told the court he wishes to contest the 2027 Uttar Pradesh Assembly elections, either as an independent candidate or, if possible, on a Bharatiya Janata Party (BJP) ticket. A Bench of Justices Siddharth and Vinai Kumar Dwivedi passed the order on 5 October while hearing Rai's criminal appeal; the order was reported by legal news outlets on 19 October.
Rai was convicted by a Varanasi court in April 2025 and sentenced to life imprisonment in connection with a 2017 murder case registered at Sigra police station. According to PTI reporting cited in coverage of the order, the case relates to the murder of Pramod Kumar Nigam, described as an active member of the Ram Janmabhoomi movement.
Under election law, a person convicted and sentenced to imprisonment for two years or more is disqualified from contesting elections unless an appellate court stays the conviction — which is why the stay could open the door for Rai to enter the electoral fray, subject to the appeal's final outcome.
"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 Bench observed.
The court referred to the Supreme Court's judgment in Afzal Ansari vs State of Uttar Pradesh, which laid down parameters for suspending a conviction, including whether failure to grant the relief would lead to injustice or irreversible consequences, and noted that the apex court has stayed the convictions of public representatives on several occasions.
The High Court directed that Rai be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, deposit 50 per cent of the fine within one month of his release (the remaining 50 per cent stays during the appeal), and not 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 court directed that the appeal's paper book be prepared within six weeks.
Rai's counsel argued — as an argument on his behalf, not a court finding — that Rai was not named in the first information report, that his alleged involvement emerged only about 17 days after the case was registered, that the prosecution case rests substantially on circumstantial evidence, and that he was implicated on suspicion and conjecture. The State opposed the bail application.
Sources: LiveLaw, Bar and Bench, PTI.
