The Allahabad High Court has stayed the conviction and sentence of Nandlal Rai alias Babloo Rai in a 2017 murder case, clearing a potential path for him to contest the 2027 Uttar Pradesh Assembly elections. The order, passed on 5 October 2026, came from a bench led by Justice Siddharth and Justice Vinai Kumar Dwivedi while hearing Rai's criminal appeal against the trial court's conviction.

What the Court Ruled

The bench stayed both the conviction and sentence during the pendency of Rai's appeal, reasoning that the matter was unlikely to be heard in the near future given the appeal was filed in 2026. The court held that a stay was warranted to prevent injustice and irreversible consequences before a final verdict is reached.

Granting bail, the High Court directed Rai to be released upon furnishing a personal bond and two sureties of a like amount to the satisfaction of the concerned court. He must also deposit 50 per cent of the fine within one month of release, while the remaining amount remains stayed during the appeal.

The 'Right to Livelihood' Observation

In a notable observation, the Justice Siddharth-led bench equated the electoral aspirations of an ordinary citizen with those of a politician. '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 stated.

The bench also cited the Supreme Court's judgment in Afzal Ansari vs State of Uttar Pradesh (2024), which laid down parameters for suspending a conviction — including whether withholding relief would cause injustice or irreversible harm. The court noted that the apex court had, on several occasions, stayed convictions of public representatives factoring in the impact on their ability to contest elections.

Rai's Background and Electoral Ambitions

Rai, who claims to have been an active worker of the Bharatiya Janata Party (BJP) before his conviction, told the court he wishes to contest the 2027 UP Assembly elections either as an independent candidate or, if possible, on a BJP ticket. Under the Representation of the People Act, a conviction with a sentence of two years or more bars a person from contesting elections for a period of six years after serving the sentence — making the stay of conviction legally critical to his electoral eligibility.

Defence Challenges and Bail Conditions

Rai's counsel argued before the court that he was not named in the original First Information Report (FIR), and that his alleged involvement surfaced only around 17 days after the FIR was lodged. The defence also questioned the credibility of prosecution witnesses, contending that one witness was not an eyewitness and another denied seeing the incident during cross-examination. The alleged recovery of a pistol from co-accused Sheshnath Sharma was challenged as fabricated and planted.

The counsel argued that the prosecution's case rested substantially on circumstantial evidence, with no complete and unbroken chain conclusively establishing guilt. Notably, while the prosecution opposed the bail plea, the Additional Government Advocate reportedly could not dispute the contentions raised by the defence, as recorded in the court order.

Among the bail conditions imposed, Rai is barred from transferring, selling, or otherwise alienating any immovable property in his name without prior court permission. The High Court also directed its office to ensure the paper book is prepared within six weeks and ordered the appeal to be listed for hearing in due course.

The Underlying Case

The case concerns the alleged murder of the father of the complainant, who was reportedly shot dead while returning home from a market at around 7:30 pm. The trial court had convicted Rai in this matter, a judgment he has now successfully challenged at the interim stage before the High Court.

The outcome of Rai's criminal appeal — and whether his stay of conviction holds through to the 2027 polls — will be closely watched as the political calendar in Uttar Pradesh heats up.