HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34947 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Shishadri Trivedi, Advocate holding brief of Sri Ajay Kumar Pandey, learned counsel for the applicant along with Sri Mukesh Singh, Sri N.K. Srivastava, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.489 of 2025, under Sections-109(1), 109(2), 121 (1), 118(2), 189(5), 191(2), 191(3), 196(2), 223, 310(2), 324 (5), 195 (1), 196(1), 324 (6), 61(2), 62 B.N.S., 7 Criminal Law Amendment Act and section 3/4 Prevention of Damage of Public Property Act, Police Station Kotwali, District Bareilly, during the pendency of the trial. 3. This is a second bail application. 4. First bail application no.43604 of 2025 was rejected by this court on 17.12.2025. 5. Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently, the applicant was allegedly arrested along with other accused and implicated in the present case. It is further submitted that similarly situated co-accused Farman Riyaj alias Farman, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.41145 of 2025 vide order dated 07.09.2026, subsequent to the rejection of the first bail application of the Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Mukesh Singh, Sr. Advocate Counsel for Opposite Party(s) : G.A. Rihan .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. Therefore, the applicant is also entitled to be released on bail on the ground of parity with Farman Riyaj alias Farman. It is further submitted that though the chargesheet was filed on 28.10.2025 and cognizance was taken on 24.12.2025 but till date, the charge has not been framed, therefore, trial 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 languishing in jail since 27.09.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering the aforesaid submission and taking into account the fact that similarly situated co-accused, Farman Riyaj alias Farman who was also allegedly arrested on the spot, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.41145 of 2025 vide order dated 07.09.2026 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. Accordingly, the present application is allowed. 8. Let the applicant- Rihan, 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:- BAIL No. 34947 of 2026 2 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. 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. 11. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. 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. 13. 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. 14. Office is directed to send a copy of this order to the applicant through Bareilly 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 BAIL No. 34947 of 2026 3 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. 15. As the issue is related to public order and safety, therefore, this Court further directs the District Judge, Bareilly, to conclude the trial of this case, as expeditiously as possible, preferably within a period of one year from today. 16. From a perusal of the e-Court Services App, it also appears that the cognizance order in the present case has not been uploaded on CIS. Therefore, the District Judge is directed to look into this issue and upload the cognizance order on CIS. 17. Registrar (Compliance) is directed to send a copy of this order to the District Judge, Bareilly for necessary compliance. October 8, 2026 S.C. BAIL No. 34947 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad