HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16815 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Krishna Shankar, learned counsel for the applicant, Sri Bhupendra Pal 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. 218 of 2023, under Sections 302, 504 1.P.C., Police Station- Sajti, District-Kanpur Nagar. 3. Contention of learned counsel for the applicant is that in the FIR the allegations have been made that the applicant, on 21.08.2023 at 8.00 p.m., scuffled with the deceased and also threatened to kill the deceased. Thereafter, on the next morning, wife of the deceased (first informant), found the dead body of the deceased in hut situated in his agricultural land. 4. Learned counsel for the applicant submitted that there is no eye witness of the incident and he has been falsely implicated along with co-accused merely on the basis of apprehension and doubts. It is further submitted that on pointing out of the applicant, no weapon was recovered and there is no incriminating material against the applicant. It is also submitted that the first informant was examined as PW 2 before the trial court herself stated in her statement before the trial court that she has implicated the applicant on the basis of doubt though no one has seen the incident in question. It is lastly submitted that the applicant has explained the criminal history of one case, wherein he has been acquitted by the trial court on 08.11.2023 in Case Crime No.589 of 2015, under Sections 376, 511, 500 IPC. It is lastly submitted that co-accused Ravendra @ Gupta has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Versus Counsel for Applicant(s) : Krishna Shankar Counsel for Opposite Party(s) : G.A. Naresh Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) No.15932 of 2024 vide order dated 25.04.2024. Therefore, the applicant is entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 24.08.2023. 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- Naresh Nishad 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 16815 of 2026 2 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 Mati Jail, Kanpur Dehat, 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. 16815 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad