HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16856 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Himanshu Mishra, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 305 of 2025, under Sections 103 (1), 115(2), 351(3), 61(2) B.N.S and Police Station- Fatehabad, District-Agra. 3. Contention of learned counsel for the applicant is that as per prosecution case, the FIR was lodged with the allegations that six named persons have shot dead the deceased while she was returning from the District Court, Agra along with her daughter Mohini after attending the court proceeding regarding matrimonial dispute between the deceased and the present applicant. 4. Learned counsel for the applicant has submitted that Mohini, in her statement recorded during investigation, made specific allegation that the co-accused Krishna, one of the assailants fired upon the deceased (mother of the informant) then she also cried and asked the assailant, why Krishna, you are doing this, therefore, it was Kirshna who was assigned the role of firing. It is further submitted that the applicant has been falsely implicated merely because he is the husband of deceased though he was not present at the time of incident. It is further contended that co-accused Jogendra Singh has already been granted bail by a co-ordinate Bench of this Court Versus Counsel for Applicant(s) : Himanshu Mishra Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) in Criminal Misc. Bail Application No.41592 of 2025 vide order dated 26.11.2025. Therefore, the applicant is entitled to be released on bail on the ground of parity. The applicant has explained the criminal history of one case and he is in jail since 29.04.2026. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 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 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. 7. Let the applicant- Manoj Kumar 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. 16856 of 2026 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. 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. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 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 Agra 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. 13. Application, if any, stands disposed of. May 18, 2026 A.Kr. BAIL No. 16856 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad