HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34754 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Rama Shanker Mishra, learned counsel for the accused- applicant and learned A.G.A. for the State. 1A. The one case criminal history is not in the knowledge of the accused- applicant. As such, he has not explained the same. 2. The present bail application has been moved by the accused-applicant Surendra to enlarge him on bail in Case Crime No. 115 of 2026, under Sections 238 BNS, P.S.- Ramchandra Mission, District- Shahjahanpur, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been charge sheeted for offence under Section 238 BNS, which is a bailable offence in view of first Schedule of BNSS, 2023, despite that the trial court has rejected the bail application considering the complicity of the accused-applicant. Further contended that the grand daughter of accused-applicant was found murdered and the role of disappearing the evidence is on the accused. The charge sheet is submitted against the accused for the aforesaid offence. The applicant has no criminal history. The applicant is in jail since 04.06.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Rama Shanker Mishra Counsel for Opposite Party(s) : G.A. Surendra .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties and perused the record. 6. Considered that the offence under Section 238 BNS is bailable offence in the category of offence. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. 10. Registrar (Compliance) may send this order to the learned District Judge, Shahjahanpur, to place this order before the court concerned for his reply, as under which provision he has rejected the bail application in bailable offence. The reply be placed before me in close envelope in my chamber. September 30, 2026 Shivangi BAIL No. 34754 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad