HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18647 of 2025 with CRIMINAL MISC. BAIL APPLICATION No. - 8759 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Both these bail applications are connected because the charge was framed later in Section 101 and 190 BNS, and bail application in that sections has also been filed by the applicant, therefore, they are being disposed of together. 2. Heard Sri Manoj Kumar Dubey, counsel for the applicant, Sri Hemant Kumar, counsel for the first informant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 067 of 2025, under Sections 101, 191(2), 105, 190, 352 B.N.S., Police Versus Counsel for Applicant(s) : Manoj Kumar Dubey Counsel for Opposite Party(s) : G.A., Hemant Kumar Versus Counsel for Applicant(s) : Manoj Kumar Dubey Counsel for Opposite Party(s) : G.A. Abi Urf Bholu .....Applicant(s) State of U.P. .....Opposite Party(s) Abi @ Bholu .....Applicant(s) State of U.P. .....Opposite Party(s) Station-Hastinapur, District-Meerut. 4. Counsel for the applicant submitted that in the FIR allegation has been made that the applicant and other co-accused persons came to the shop of the deceased who was working as salesman at the shop of country made liquor, but deceased refused to sale the liquor as shop was closed. This led to altercation between the deceased and accused persons; thereafter when the deceased after closing the shop was going to his home, then the applicant and other co-accused persons started beating the deceased; It is further alleged that the applicant also hit the deceased on his head with a brick. Counsel for the applicant submitted that there is no eye-witness of the incident and the CCTV footage recovered by the police shows that out of six persons, one person has thrown one brick towards the deceased, but that person could not be identified because of the high speed of motorcycle, therefore, the entire prosecution story is doubtful. No one has seen the applicant hitting the deceased. It is further submitted that out of total 15 prosecution witnesses, only one witness has been examined so far, therefore, the trial of the case is not likely to be concluded in near future. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 17.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. as well ass counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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 accused 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. BAIL No. 18647 of 2025 2 Accordingly, the bail application is allowed. 7. Let the applicant- Abi Urf Bholu 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 of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 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 BAIL No. 18647 of 2025 3 through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 30, 2026 CS/- BAIL No. 18647 of 2025 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad