HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15164 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, Sri Praveen Maurya, learned counsel for the first informant and Sri D.P.S. Chauhan, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 36 of 2026, under Sections 103(1), 238(A), 238(B), 3(5), 61(2)A BNS, Police Station- Pharenda, District Maharajganj. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR, wherein allegation has been that the deceased was missing since 02.02.2026. Thereafter on recovery of dead body of the deceased on 06.02.2026, an application dated 06.02.2026 was given by mother of the deceased to the police expressing doubt over seven persons and the applicant was not included in those 7 persons. Subsequently, co- accused Chandni, Pradeep and Mathura were arrested by the police even they did not name the applicant in their confessional statements. Thereafter on 11.03.2026 which is more than one month of the incident, three witnesses Pancham Yadav, Anil Singh and Sadabriksh Chauhan have stated that they had seen the applicant leaving hurriedly towards the village, only on that basis, he has been falsely implicated. There is no eye witness regarding involvement of the applicant in committing murder of the deceased or lastly seen in the company of the deceased. He further submitted that there is no recovery of any weapon on the pointing out of Versus Counsel for Applicant(s) : Pradeep Kumar, Ravi Prakash Counsel for Opposite Party(s) : G.A., Pranvesh, Praveen Maurya Bhual Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) the applicant. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 13.03.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 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 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. 6. Let the applicant- Bhual Gupta 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. BAIL No. 15164 of 2026 2 iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 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 applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 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 Maharajganj 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 5, 2026 A.Kr. BAIL No. 15164 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad