HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34392 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sanjeev Kumar Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in S.C.No.519 of 2026 arising out of Case Crime No.689 of 2025, under Sections 103(1) and 3(5) BNS, Police Station Sahjanwa, District Gorakhpur during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation the statement of one Shyam Singh was recorded and he stated that his Clerk informed him that witnesses Ram Janam Manjhi, Chhottu Manjhi and Ranjeet were saying that applicant along with co-accused Babloo Manjhi and Mangal Manjhi were quarreling with the deceased and when statement of above witnesses were recorded by Investigating Officer then they have stated that on the date of incident in front of them applicant along with three others had dragged the deceased in the wheat field and committed his murder but statements of alleged eye witnesses prima facie appears to be doubtful. 4. He further argued that even statements of above witnesses were recorded after two days. He next submits that applicant is poor labour and he was not having any concern with the alleged incident and his dispute never arose with the deceased and it reflects that dispute of the deceased arose with the brother of applicant, i.e., co-accused Pappu and only due to this reason witnesses also disclosed his name in their statements. Versus Counsel for Applicant(s) : Sanjeev Kumar Yadav Counsel for Opposite Party(s) : G.A. Raju Manjhi .....Applicant(s) State of U.P. .....Opposite Party(s) 5. He further submits that applicant is not having any previous criminal history to his credit and in the present matter he is in jail since 27.12.2025, i.e., for the last more than nine months. 6. He further submits that therefore, considering the facts and circumstances of the case, applicant may be enlarged on bail. 7. Per contra, learned AGA opposed the prayer for bail and submits that however, applicant is not named in the FIR but informant of the case was not the eye witness. 8. Learned AGA further argued that there are three eye witnesses, namely, Ram Janam Manjhi, Chhotu and Ranjeet and they categorically stated that when dispute of the deceased arose with the brother of the applicant Pappu and one another then applicant along with his another brother Mangal arrived at spot and dragged the deceased in the field and committed his murder. He next submits that the statements of these witnesses at this stage cannot be disbelieved. 9. He further submits that considering the facts of the case instant bail application may be dismissed . 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant was not named in the FIR and during investigation his name has been surfaced but informant of the case was not the eye witness. 12. Record further suggests that witnesses Ram Janam Manjhi , Chhotu and Ranjeet were the eye witnesses and according to them when dispute of the deceased arose with co-accused Pappu, the brother of the applicant then thereafter applicant arrived at spot along with another brother, i.e., co-accused Mangal and thereafter they dragged the deceased in the field and committed his murder. 13. Considering the statements of above eye witnesses prima facie it cannot be said that applicant is innocent. In view of this Court, there is no occasion to disbelieve their statements at this stage. 14. Therefore, considering the facts and circumstances of the case BAIL No. 34392 of 2026 2 discussed above, in my view, applicant is not entitled to be released on bail. 15. Accordingly, the instant bail application is rejected. 16. 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. 34392 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad