HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43261 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Kapil Tyagi, learned counsel for the applicant and Sri C.S. Saran, 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. 564 of 2024, under Sections 103, 351(2), 61(2), 190, 191(2), 191(3) BNS and Section 4/25 Arms Act, Police Station Sector 63 Noida, District Gautam Buddha Nagar, during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is submitted that similarly placed co-accused Arjun Chauhan@ Pushpendra has already been granted bail by a co-ordinate Bench of this Court vide order dated 14.11.2025 passed in Criminal Misc. Bail Application No. 39979 of 2025. It is further submitted that the death of the deceased took place after one month and as per post-mortem report of the deceased, cause of death has been shown as sepsis and its complications consequent upon stab injuries and all the injuries are ante-mortem injuries. It is further submitted that from the cause of death as shown, it appears that proper treatment was not given to the deceased and case does not fall within the ambit of Section 103 BNS rather it falls under Section 105 BNS. It is also submitted that the applicant has been languishing in jail since 25.12.2024 and he is having no criminal history. It is also submitted that till date not a single witness has been examined and he has annexed copy of the order Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Ritik .....Applicant(s) State of U.P. .....Opposite Party(s) sheet of the trial Court, therefore, the trial is not likely to be concluded in near future. It is lastly submitted that in case the applicant is granted bail, he will not 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, however, it is submitted that the injured in his statement has categorically stated that the applicant and co- accused persons assaulted him by sharp edged weapon i.e. knife and cause of death has been shown as ante-mortem injuries due to stab wound. It is further submitted that statement of the injured is like a dying declaration. 5. As per the allegation in the FIR, the applicant along with two other co- accused Piyush and Satyam on exhortation of another co-accused Ruby assaulted one Mukesh by sharp edged weapon i.e. knife as a result of which the injured Mukesh received multiple stab wound injuries on his person and he died after one month of the incident. In the post-mortem report of the deceased, there are twenty injuries found on the person of the deceased and the injured in his statement has stated that the applicant and co-accused Arjun gave him stab wound and some other co-accused also assaulted him by hard and blunt object and cause of death has been shown as sepsis and its complications consequent upon stab injuries and all the injuries are ante-mortem injuries. Similarly placed co-accused Arjun Chauhan@ Pushpendra has already been granted bail by a co-ordinate Bench of this Court vide order dated 14.11.2025 passed in Criminal Misc. Bail Application No. 39979 of 2025. The applicant has been languishing in jail since 25.12.2024 and he is having no criminal history. It is also submitted that till date not a single witness has been examined and the trial is not likely to be concluded in near future. 6. 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 BAIL No. 43261 of 2025 2 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. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Ritik 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 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. BAIL No. 43261 of 2025 3 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. 13. However, the learned trial Court is directed to expedite the trial of the case as expeditiously as possible, preferably within a period of one year. September 9, 2026 Abhishek BAIL No. 43261 of 2025 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad