HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14367 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. 445 of 2025, under Sections- 103(1), 3(5), 115(2), 351(3) of B.N.S., Police Station- Rasra, District- Ballia, during the pendency of the trial. 3. Learned counsel for the applicant submitted that, as per the allegations made in the FIR, co-accused Pravin Singh @ Golu, along with two unknown friends, stopped the father of the first informant at about 9:45 p.m. on 25.12.2025 while he was returning home after closing his shop and fired upon him, which resulted in his death. Subsequently, the first informant made allegations of firing against co-accused Pravin Singh @ Golu and also named the applicant and other co-accused persons on the basis of information received from some person. Thereafter, another son of the deceased, Abhishek, who claims to be an eye-witness of the incident, made specific allegations of firing against co-accused Manjeet Singh and Sandeep Singh @ Golu. No specific role has been assigned to the applicant, and no weapon was recovered at his instance; rather, the same was recovered at the instance of co-accused Manjeet Singh as well as Sandeep Singh @ Golu. Therefore, there is no incriminating material against the applicant. It is further submitted that, along with the present case, the police has falsely implicated the applicant in Case Crime No. Versus Counsel for Applicant(s) : Ram Singh Yadav, Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Atul Singh @ Babbu Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 446 of 2025, under Sections 109 and 3(5) of B.N.S., P.S. Rasra, District Ballia, in which the applicant has already been released on bail. A copy of the bail order has been brought on record by learned counsel for the applicant during the course of the day. It is further submitted that co- accused Prabhat @ Banti Singh, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 13367 of 2026 vide order dated 22.04.2026. Therefore, the applicant having an identical role, is also entitled to be released on bail on the ground of parity. 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 26.12.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail 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., 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-Atul Singh @ Babbu Singh, 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, BAIL No. 14367 of 2026 2 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 and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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 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 Jail Superintendent, Mau 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 SA BAIL No. 14367 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad