HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41601 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Anand Mohan Pandey, counsel for the applicant, Sri Rakesh Kumar Mishra, 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 during trial in Case Crime No. 358 of 2025, under Sections 140 (2), 3(5) of B.N.S., Police Station Shahpur, District Gorakhpur. 3. This is second bail application. The first bail application i.e. Criminal Misc. Bail Application No.34779 of 2025 was rejected on 09.10.2025. 4. Contention of learned counsel for the applicant is that as per the prosecution story, the victim was recovered from the possession of applicant, co-accused Shyam Sundar and Janardan Gond. However, the co-accused Shyam Sundar and Janardan Gond have already been released on bail by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.30390 of 2025 vide order dated 04.08.2026 and Criminal Misc. Bail Application No.28042 of 2026 vide order dated 11.08.2026, respectively, after rejection of the first bail application of the applicant. Therefore, the applicant having similar role as of the co-accused persons is also entitled to be released on bail on the ground of parity. It is further submitted that the charge has been framed on 23.07.2026, but till date, not a single witness has been examined, therefore, the trial is not likely to be concluded in near future. The applicant is in jail since 26.07.2025. The Versus Counsel for Applicant(s) : Anchal Ojha, Anand Mohan Pandey, Pradeep Kumar Singh, Puneet Kumar Shukla Counsel for Opposite Party(s) : G.A. Karunesh Kumar Dubey .....Applicant(s) State of U.P. .....Opposite Party(s) applicant has explained the criminal history of one case. In case the applicant 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. 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 taking into account that the co-accused Shyam Sundar and Janardan Gond having similar as of the applicant have been released on bail by a co-ordinate bench of this court 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 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 bail application is allowed. 7. Let the applicant- Karunesh Kumar Dubey 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. BAIL No. 41601 of 2025 2 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 downloaded copy of this order 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 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 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. October 5, 2026 CS/- BAIL No. 41601 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad