Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34711 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. Heard Sri Hukum Singh and Sri Puneet Bhadauria, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 171 of 2026, under Sections 103(1), 238 BNS, Police Station Jewar, District Gautambuddha Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation on the basis of evidence of last seen, applicant alongwith co-accused Mohit has been made accused. 4. They further submitted that with a very detailed and reasoned order co-accused Mohit has been released on bail by this Court vide order dated 23.9.2026 passed in Crl. Misc. Bail Application No. 33984 of 2026 and case of applicant is at par with him. 5. They further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 27.5.2026. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It is a case of circumstantial evidence and nobody was named in the FIR. 9. It reflects applicant alongwith co-accused Mohit has been made accused during investigation on the basis of evidence of last seen. 10. It further reflects, with a very detailed and reasoned order co-accused Mohit has been released on bail by this Court and case of applicant is at par with him. There is no occasion for this Court to take contrary view in the instant bail application. Versus Counsel for Applicant(s) : Hukum Singh, Puneet Bhadauria Counsel for Opposite Party(s) : G.A. Umesh .....Applicant(s) State of U.P. .....Opposite Party(s)
11. Further, applicant is having no previous criminal history and in the present matter he is in jail for last four months. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Umesh, 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. 15. 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. 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 29, 2026 Ankita BAIL No. 34711 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad