HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40207 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Kalp Dev Mishra, learned counsel for the applicant who has filed supplementary affidavit today which is taken on record, Sri Chandra Shekhar Saran, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 598 2017 under Sections 364, 302, 201 IPC registered at Police Station Civil Lines, District Muzaffar Nagar during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been languishing in jail for the last eight years i.e. 28.1.2018 and the trial has not yet concluded and the same is not likely to conclude in near future. It is next submitted that similarly placed co-accused persons Mahboob @ Mahmood, Momin @ Mohsin, Aashu @ Aash Mohammad and Mulla Kasim have already been granted bail by different co-ordinate Benches of this Court and role of the applicant is not distinguishable from the roles of aforesaid co-accused persons. It is further submitted that applicant has criminal history of two cases which has been duly explained in the supplementary affidavit filed today. 5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant. Versus Counsel for Applicant(s) : Kalp Dev Mishra, Mohd. Akbar Shah Alam Khan, Suneel Counsel for Opposite Party(s) : G.A. Javed .....Applicant(s) State of U.P. .....Opposite Party(s) 6. As per the FIR, brother of the first informant had gone missing on 04.6.2017 and FIR has been lodged on 26.6.2017 and the dead body of the deceased was recovered on 09.7.2017. Applicant has been languishing in jail for the last eight years i.e. 28.1.2018 and the trial has not yet concluded and the same is not likely to conclude in near future. Similarly placed co-accused persons Mahboob @ Mahmood, Momin @ Mohsin, Aashu @ Aash Mohammad and Mulla Kasim have already been granted bail by different co-ordinate Benches of this Court and role of the applicant is not distinguishable from the roles of aforesaid co-accused persons. Applicant has criminal history of two cases which has been duly explained in the supplementary affidavit filed today. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail 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. 8. Let the applicant Javed 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 BAIL No. 40207 of 2025 2 of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further 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 e-prison portal 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. September 29, 2026 Madhurima BAIL No. 40207 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad