HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19183 of 2025 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Dr. C.P. Upadhyay, learned senior counsel assisted by Shri Rohit Upadhyay, learned counsel for the applicant, Sri Brij Bhushan Upadhyay, learned counsel for the informant and Shri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 108 of 2024, under Sections- 302, 364, 201, 120B I.P.C., Police Station- Tharawai, District- Prayagraj , during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR the applicant and Ajay Patel has been nominated as accused with the allegation that they have forcibly abducted the deceased on 26.4.2024. Thereafter, the body of the deceased was recovered on 28.4.2024 on pointing out of the co- accused Anil Patel. It is further submitted that on the basis of the statement of eyewitness Shiv Prakash Terth and Jangali recorded on 27.4.2025 the co- accused Anil Patel was arrested and on his pointing out the dead body of the deceased was recovered. Subsequently the applicant along with the other co- accused persons were arrested. Learned counsel for the applicant submits that the role of the applicant is absolutely similar to that of co-accused Anil Patel, who was released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 36440 of 2024 vide order dated 13.11.2024. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no prior criminal history and the trial is already going on. It is further submitted that all the witnesses of fact have already been examined, therefore, there is no chances of tampering of evidence. The applicant is a law abiding citizen and he is languishing in jail since 5.5.2025. In case, he is granted bail, he will not Versus Counsel for Applicant(s) : Prathamesh Upadhyay, Punya Sheel Pandey, Sushil Kumar Counsel for Opposite Party(s) : Brij Bhushan Upadhyay, G.A. Dilip Kumar Patel .....Applicant(s) State of U.P. .....Opposite Party(s) misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Dilip Kumar Patel, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is made clear that the applicant shall be released on the basis of BAIL No. 19183 of 2025 2 computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. May 5, 2026 Fahad BAIL No. 19183 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad