HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35198 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri K.K. Singh, advocate holding brief of Sri Rakesh Kumar Verma, learned counsel for the applicant, Sri Dharmendra Kumar Chaubey, learned counsel for informant and Sri Ghanshyam Mishra, learned brief holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.164 of 2026, under Sections 103(1), 3(5) BNS, Police Station Sahatwar, District Ballia, during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case of circumstantial evidence and nobody was named in the FIR but during investigation on the basis of information furnished by police informer applicant has been made accused in the present matter. 4. He further submits, during investigation I.O. recorded the statement of some witnesses after 22 days and they very casually stated that they witnessed the applicant and other accused while they were throwing the brick which was allegedly used in the instant crime and even their statements appear to be doubtful. 5. He further argued, however as per prosecution when applicant was arrested then on his pointing out the alleged brick used in the crime was also recovered but entire recovery is false and planted one and even till Versus Counsel for Applicant(s) : Rakesh Kumar Verma Counsel for Opposite Party(s) : Dharmendra Kumar Chaubey, G.A., Pravin Kumar Tiwari Shivam Verma .....Applicant(s) State of U.P. .....Opposite Party(s) date alleged recovered brick could not be connected with the instant crime. 6. He next submits, even co-accused Gopal Ji Verma who also made accused during investigation has been released on bail by this Court. 7. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 25.07.2026. 8. Per contra, learned AGA as well as learned counsel for informant however opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it reflects, during investigation very casually on the basis of information furnished by police informer applicant has been made accused in the present matter. 11. Further, however as per prosecution when during investigation statements of three witnesses were recorded then they stated that applicant and other accused alongwith co-accused Gopal Ji Verma were throwing the brick which was allegedly used in the instant crime but statements of these witnesses were recorded after 22 days therefore prima facie their statements appear to be doubtful. 12. Further, however as per prosecution when applicant was arrested then on his pointing out even the alleged brick was also recovered but till date the alleged brick could not be connected with the instant crime. 13. In considered view of this Court, in absence of any other corroborative evidence merely on the basis of above evidence prima facie it cannot be said that applicant involved in the present crime. 14. Further, even co-accused Gopal Ji Verma has been released on bail vide order dated 28.09.2026 passed in Criminal Misc. Bail Application No.34456 of 2026. BAIL No. 35198 of 2026 2 15. Further, applicant is not having any criminal history and in the present matter he is in jail since 25.07.2026. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Shivam Verma 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. 19. 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. 20. 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. October 1, 2026 Shahroz BAIL No. 35198 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad