HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34976 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Deepak Rana, counsel for the applicant, Sri 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 during trial in Case Crime No. 446 of 2025, under Sections 109(1), 115(2), 351(2), 3(5) of B.N.S., Police Station- Loni, District Ghaziabad. 3. This is second bail application. The first bail application i.e. Criminal Misc. Bail Application No.43159 of 2025 was rejected on 15.12.2025. 4. Counsel for the applicant submitted that during investigation, the injured Rehan has made specific allegation of causing four knife injuries against the present applicant. However, during trial, the injured Rehan, who was examined as P.W.-2 did not support the prosecution story, and he was declared hostile by the trial court. It is further submitted that during trial, the injured Rehan specifically stated that the present applicant was not present at the time of incident and it is incorrect that he made any allegation that the present applicant has caused four knife injuries to him. It is further submitted that as on date, there is no material against the applicant. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 02.10.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : G.A. Mohammad Usman .....Applicant(s) State of U.P. .....Opposite Party(s) proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, taking into account the statement of the injured, who was examined as P.W.-2 was declared hostile by the trial court; also taking into account that the trial of the present case may take long time to be concluded, 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 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. Accordingly, the bail application is allowed. 7. Let the applicant- Mohammad Usman 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 34976 of 2026 2 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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 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 on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 30, 2026 CS/- BAIL No. 34976 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad