HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34599 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sunil Kumar Saroj, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2025, under Sections 103(1), 351(3) BNS, Police Station Kithaur, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with co-accused Naresh and according to the FIR he along with co-accused Naresh and one unknown person committed the murder of the deceased but entire allegation leveled against applicant is totally false. 4. He further submits, as per prosecution, deceased went along with applicant and co-accused Naresh from his home and when did not return then informant and others started searching him and they witnessed that applicant and co-accused Naresh and one another person were making assault upon deceased but story narrated by the informant prima facie appears to be doubtful. 5. He further submits, it is a case of blind murder and nobody could see the real incident and only due to previous enmity a false story has been cooked up by the informant in the FIR. 6. He further submits, even co-accused Naresh has been released on bail by the co-ordinate Bench of this Court vide order dated 01.06.2026 passed in Criminal Misc. Bail Application No. 18963 of 2026 and on facts, case of Versus Counsel for Applicant(s) : Arvind Kumar Srivastava, Sunil Kumar Saroj Counsel for Opposite Party(s) : G.A. Raju .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is at par with him. 7. He further submits, however, apart from the present case applicant is having criminal history of three other cases including a case relating to offence under the provisions of POCSO Act but in this case applicant has been acquitted. He further submits, entire criminal history of the applicant has been explained in the instant bail application. He further submits, in the present matter applicant is in jail since 27.01.2025. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per prosecution, applicant along with co-accused Naresh and one another by causing injury committed the murder of the deceased and the incident has been witnessed by informant and other witnesses but considering the story narrated by the informant in the FIR prima facie it reflects, neither he nor any other witness was along with the deceased and their statements prima facie appear to be doubtful. 11. Further, even co-accused Naresh who was also named in the FIR has been released on bail by this Court and on facts, case of applicant is at par with him. 12. Further, however apart from the present case applicant is having criminal history of three cases but his criminal history has been explained and it reflects, in one case relating to offence under the provisions of POCSO Act he has been acquitted and other two cases were of minor nature. 13. Further, in the present matter applicant is in jail since 27.01.2025 i.e. for last more than one and half years. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Raju be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the BAIL No. 34599 of 2026 2 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. 17. 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. 18. 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 AK Pandey BAIL No. 34599 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad