HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14046 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Mohit Singh, learned counsel for the applicant, Sri Roshan Kumar 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. 374 of 2025, under Sections- 103(1), 238(Ka), 3(5) BNS and Sections-4/25/27/35 of Arms Act, Police Station-Chandausi, District-Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the FIR wherein the allegation has been made that deceased left the house on 25.08.2025 at 8:00 am but did not return and thereafter, on 26.08.2025 at 8:00 am, his body was found in an open field. Subsequently, in the statement of the first informant, a doubt was expressed upon the applicant on the ground that applicant's sister was having relation with the deceased. Subsequently, two witnesses, Rampal and Ramesh also came forward and recorded the statement on 29.08.2025 mentioning therein that they had seen the deceased in the company of the applicant and the co-accused in the evening of 25.08.2025. 4. Learned counsel for the applicant has submitted that applicant has been falsely implicated merely on the ground of apprehension and doubt, even the statement of alleged eyewitness of last seen was recorded after 3 days of the incident and recovery of body which itself casts doubt over the prosecution story. It is further submitted that as per the postmortem report, deceased received several incised Versus Counsel for Applicant(s) : Dileep Kumar Shukla, Mohit Singh, Ram Kesh Counsel for Opposite Party(s) : G.A. Sanoj .....Applicant(s) State of U.P. .....Opposite Party(s) wounds, though, blood stained knife has been recovered on pointing out of the co-accused Govind and Vineet. Therefore, applicant has been falsely implicated. It is further submitted that till the remand of the applicant, ground of arrest has not been supplied by the police to concerned Magistrate as required by the Apex Court in the case of Vihaan Kumar Vs. State of Haryana And Another reported in (2025) 5 SCC 799. Therefore, applicant is entitled to be released on bail. It is further submitted that the applicant has explained the criminal history of six cases which are also petty in nature. 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 a law abiding citizen and he is languishing in jail since 30.10.2025. In case, he 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 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. 7. Let the applicant- Sanoj, 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. BAIL No. 14046 of 2026 2 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. 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 and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. 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. 12. Office is directed to send a copy of this order to the applicant through Moradabad 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. May 18, 2026 S.C. BAIL No. 14046 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad