HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16785 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri P.C. Srivastava, learned Senior Advocate assisted by Aryan Srivastava, learned counsel for the applicants, Sri Manoj Kumar, learned counsel for the first informant, Sri Bhupendra Pal Singh, 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.181 of 2026, under Sections-103(2), 61(2), 191(2), 191(3) and 238 of BNS, 2023, Police Station- Chiluwatal, District- Gorakhpur, during the pendency of the trial. 3. Contention of learned counsel for the applicants is that the applicants were not named in the FIR wherein the allegations have been made against 8 persons for assaulting the husband of the deceased with knife and shot him dead. It is further submitted that there is no incriminating material against the applicants except the statements of one Sheetal, Hume and Ishwa Shukla. 'That the applicant No2 has also extorted the other accused persons near the house of W. Chauhan. The role assigned to the applicant nos.1 and 3 is only of conspiracy without there being any sufficient material thereof. One knife was recovered on the pointing out of Raj Chauhan @ Nirahu. It is further submitted that the applicants have been falsely implicated merely on the basis of apprehension and doubt and personal grudge of the first informant. It is further submitted that the applicants have no criminal history except one case against the applicants during the COVID period, in Case Crime No.220 of 2020 and the Versus Counsel for Applicant(s) : Aryan Srivastava, Sr. Advocate Counsel for Opposite Party(s) : G.A., Manoj Kumar Sheshnath Yadav And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) applicants was released on personal bond. Investigation is going on. The applicants are law abiding citizen and they are languishing in jail since 21.03.2026. In case, the applicants are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. for the State as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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 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. 6. Let the applicants- Sheshnath, Devbrat Yadav and Ankit Yadav, involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the BAIL No. 16785 of 2026 2 bond executed by them. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number and Aadhaar card of the applicants as well as sureties should be verified by the court concerned. 10. 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 applicants. 11. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Gorakhpur 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. May 18, 2026 SFH BAIL No. 16785 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad