HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14248 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, 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. 356 of 2024, under Section 103 (1) B.N.S., police station Kotwali Dehat, District Etah, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that, in the FIR as well as in the statement of the first informant, who is also claimed to be an eye-witness of the incident, general allegations have been made against four persons, including the present applicant, who assaulted the deceased Vivek with danda and kulhadi on his head and face, and subsequently Vivek succumbed to the injuries. It is further submitted that no specific role has been assigned to the applicant and there is no recovery of any weapon on the pointing out of the applicant. Learned counsel for the applicant further submitted that the applicant has no prior criminal history. However, an FIR being Case Crime No.153 of 2026, P.S.- Kotwali, District- Etah was lodged by the first informant against co-accused Mukesh and the applicant on the ground that co-accused Mukesh had threatened the first informant to enter into compromise in the present case. He further threatened that in case the first informant does not agree for compromise then the present applicant after being released on bail, would kill the first informant. Copy of the said FIR has been verified through e-court services app. 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 6.9.2024. 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 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 Versus Counsel for Applicant(s) : Himanshu Upadhyay, Prabhat Chandra Sharma Counsel for Opposite Party(s) : G.A. Satyaprakash .....Applicant(s) State of U.P. .....Opposite Party(s) 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- Satya Prakash 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. 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 Etah Jail BAIL No. 14248 of 2026 2 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 6, 2026 A.Kr. BAIL No. 14248 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad