HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 39939 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. The instant matter has been nominated to this Bench vide order dated 27.01.2026 passed by Hon'ble The Chief Justice. 2. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Sudhakar Shukla, learned counsel for informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 103 of 2025, under Sections 103(1), 238, 70(2), 137(2), 315 BNS, Section 5g/6 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Mangalpur, District Kanpur Dehat during pendency of the trial. 4. Learned counsel for the applicant submits, nobody was named in the FIR but during investigation applicant has been made accused in the present matter through the statement of co-accused Pranshu Pal @ Sintu and apart from the statement of co-accused and confessional statement of applicant, as per prosecution, applicant had conversation with the deceased of about two seconds and except these evidences, there is no other evidence against the applicant on record. 5. He further submits, on the basis of above evidences, it cannot be said that applicant along with others committed murder of the deceased. 6. He further submits, even co-accused Pranshu Pal @ Sintu has been released on bail by the co-ordinate Bench of this Court vide order dated 06.01.2026 passed in Criminal Misc. Bail Application No. 43213 of 2025 Versus Counsel for Applicant(s) : Rakesh Dubey Counsel for Opposite Party(s) : G.A., Sudhakar Shukla Anuj Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) and as far as evidence is concerned the case of applicant is at par with him. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.04.2025 i.e. for almost a year. 8. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it reflects, except the confessional statements of applicant and co-accused before police and CDR of applicant there is no other evidence against him and even his CDR shows he had mobile conversation of only two seconds with the deceased. This Court finds merit in the argument advanced by learned counsel for applicant that merely on the basis of such evidences prima facie at this stage it cannot be said that applicant also involved in the commission of alleged crime along with others. 11. Further, co-accused Pranshu Pal @ Sintu has been released on bail and as far as evidence is concerned the case of applicant is at par with him. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 22.04.2025 i.e. for almost a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Anuj Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade BAIL No. 39939 of 2025 2 him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. March 19, 2026 AK Pandey BAIL No. 39939 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad