HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34389 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Garun Pal Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 51 of 2026, under Sections 191(2), 191(3), 190, 103(1), 351(3) and 3(5) BNS and Section 3/25/27 Arms Act, Police Station Sadabad, District Hathras during pendency of the trial. 4. Learned counsel for the applicant submits, however, applicant is named in the FIR along with nine others and according to the FIR named accused persons including applicant along with 2-3 unknown associates opened indiscriminate firing on 05.02.2026 and due to the fire made by them brother of informant sustained firearm injuries and died at spot and in the FIR it has been mentioned that one Shyamveer Singh witnessed the incident but entire allegations leveled against applicant are totally false. 5. He further submits, applicant is innocent and actually nobody could see the real incident but when dead body of the deceased was found then subsequently due to previous enmity he has been made accused in the present matter along with others. 6. He further submits, the above fact also finds support from the information given by one Jeetu Rana with regard to deceased which shows that one dead Versus Counsel for Applicant(s) : Garun Pal Singh, Mahipal Singh Counsel for Opposite Party(s) : G.A. Hemant .....Applicant(s) State of U.P. .....Opposite Party(s) body was lying near Chandra Farm house and his information has been noted in the general diary dated 05.02.2026 time 14.23 hours, which has been annexed at page-41 of the paper-book and on his information inquest was conducted on 05.02.2026 at 04.40 PM, which has been annexed at page- 45 of the paper-book and from the inquest report it reflects, Shyamveer Singh, the alleged sole eye witness was one of the inquest witness and therefore above G.D. Entry dated 05.05.2026 and inquest report of the deceased completely belies the version of the FIR and these two documents also support the defence version that nobody could see the real incident. 7. 7. He further submits, even after the inquest an application was moved by sole eye witness Shyamveer Singh for conducting the post mortem and this Shyamveer Singh is the maternal grand father of the deceased. 8. He further submits, it reflects, when informant side could not become aware about the assailants then afterthought on 05.02.2026 at 23.27 hours i.e. after several hours from the information given by Jeetu Rana with regard to death of the deceased and the inquest, FIR of the present case was lodged and this fact again shows FIR is nothing but bundle of false facts and applicant has been made accused in the present matter only due to previous enmity. 9. He further submits, co-accused Ramesh Chandra, who was also named in the FIR along with applicant has been released on bail by this Court with a very detailed and reasoned order dated 08.07.2026 passed in Criminal Misc. Bail Application No. 22905 of 2026 and case of applicant is at par with him. 10. He further submits that apart from the present case applicant is having criminal history of four other cases but out of four cases in two cases he has been made accused at the time of his arrest in the present matter. He next submits that previous two cases were of minor in nature. 11. He further submits that in the present matter applicant is in jail since 16.02.2026 i.e. for last more than seven months. 12. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. BAIL No. 34389 of 2026 2 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, as per allegation, applicant committed the murder of the deceased in broad daylight along with others by causing firearm injuries to him and incident has been witnessed by one Shyamveer Singh, who was maternal grand father of the deceased but FIR of the present case was lodged on 05.02.2026 at 23.27 hours while incident is said to have been occurred on 05.02.2026 at about 2.00 PM, therefore, FIR of the present case has been lodged after about 9.30 hours. 15. 15. Record further suggests that one Jeetu Rana gave an information to the police on 05.02.2026 at 14.23 hours that a dead body is lying near Chandra Farm house which was of the deceased and thereafter inquest was conducted and in the inquest Shyamveer Singh, the sole eye witness was also the Panch witness. Further, it also reflects, after the inquest an application was moved by Shyamveer for post mortem of the deceased and thereafter FIR of the present case was lodged at 23.27 hours therefore prima facie FIR appears to be doubtful and even prima facie it could not be reflected Shyamveer was the eye witness. Considering these facts, argument advanced by learned counsel for applicant that actually nobody could see the real incident and subsequently after nine hours informant due to previous enmity lodged FIR of the present case cannot be ruled out at this stage. 16. Further, co-accused Ramesh Chandra, who was also named in the FIR along with applicant has been released on bail by this Court with a very detailed and reasoned order and case of applicant is at par with him. 17. Further, however, apart from the present case applicant is having criminal history of four other cases but in two cases he has been made accused at the time of his arrest in the present matter. 18. Record further suggests that previous two cases of the applicant were of minor in nature. 19. Further, in the present matter applicant is in jail since 16.02.2026 i.e. for last more than seven months. 20. Therefore, considering the facts and circumstances of the case discussed BAIL No. 34389 of 2026 3 above, in my view, applicant is entitled to be released on bail. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 22. Let the applicant- Hemant 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 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. 23. 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. 24. 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. September 28, 2026 SKM BAIL No. 34389 of 2026 4 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad