Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30260 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. This is second bail application filed on behalf of the applicant and his first bail application was dismissed by Hon'ble Ajay Bhanot,J. vide order dated 03.06.2025 passed in Criminal Misc. Bail Application No.17139 of 2025 but as His Lordship has released the instant second bail application and this Bench is dealing with such matters therefore instant second bail application has been listed before this Bench. 2. Heard Sri Narendra Kumar, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.578 of 2024, under Section 103(1) BNS and Section 3/9/25/27 Arms Act, Police Station Lohiyanagar, District Meerut, during pendency of the trial. 4. Learned counsel for the applicant submits, however this is second bail application filed on behalf of the applicant but it is a case of circumstantial evidence and except recovery of a country-made pistol allegedly used in commission of the alleged crime on the pointing out of applicant there is no other cogent evidence against applicant on record. He further argued, there is no eye-witness account of the incident of murder. He further argued, even alleged recovered country-made pistol till date could not be connected with the instant crime. 5. He further submits, apart from the present case applicant was not Versus Counsel for Applicant(s) : Narendra Kumar, Yogendra Pal Singh Counsel for Opposite Party(s) : G.A. Sazid .....Applicant(s) State of U.P. .....Opposite Party(s)
having any previous criminal history and in the present matter he is in jail since 20.11.2024 i.e. for last 22 months. 6. Per contra, learned AGA opposed the prayer for bail and submits, this is second bail application filed on behalf of the applicant but could not dispute the other argument on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8.
This is second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit after considering the fact that he was seen while he was running from the spot alongwith country-made pistol and even country-made was also recovered from his possession but it reflects, in the present matter applicant is in jail since 20.11.2024 i.e. for last 22 months and till date out of 20 witnesses only 4 could be examined and it reflects, there is no hope of early disposal of the trial. 9. Further, even from the facts of the case it reflects, nobody could see the real incident of murder and alleged recovered country-made pistol from the possession of applicant till date could not be connected with the instant crime. 10. Further, apart from the present case applicant was not having any previous criminal history. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sazid 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. BAIL No. 30260 of 2026 2
(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. 14. 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. 15.
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 24, 2026 Shahroz BAIL No. 30260 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad