HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34031 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2026, under Sections 303(2), 317(2) BNS, Police Station Rath, District Hamirpur, during the pendency of trial. It is argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is submitted that the applicant was not named in the subject FIR. The name of the applicant was surfaced during the course of investigation. It is submitted that at the time of arresting of the applicant, the recovery of a Mahindra tractor from the possession of the applicant has been shown by the police is totally false and fabricated. There is no independent witness of the alleged recovery. Applicant has no previous criminal history. The applicant is languishing in jail since 31.7.2026 and in case he is released on bail, he will not misuse the liberty of bail. Per contra, learned AGA, however, opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail Versus Counsel for Applicant(s) : Virpratap Singh Counsel for Opposite Party(s) : G.A. Pavan Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) application is allowed. Let the applicant-Pavan Yadav 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. 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. 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 30, 2026 Brijesh BAIL No. 34031 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad