HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15043 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Akash Mishra, learned counsel for the applicant, Sri Satyendra Narayan Singh, learned counsel for the first informant and Sri Ram Kumar Verma, 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. 40 of 2026, under Sections- 103(1), 140(1), 238, 61(2), 3(5) of BNS and 3/25/27 of Arms Act, Police Station-Bharthana, District-Etawah, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that, as per the prosecution story, the deceased went to attend coaching on 18.02.2026 at 7:00 a.m. and when he did not return, the father of the deceased filed a missing report on 18.02.2026. Thereafter, the dead body of the deceased was found on 19.02.2026. The postmortem examination on the dead body of the deceased was conducted on 20.02.2026. Thereafter, an FIR was lodged on 21.02.2026, wherein doubt has been expressed upon the applicant along with the co- accused for committing the murder of the deceased on the ground that the deceased was having a love affair with the sister of the co- accused applicant, who along with the other co-accused had also threatened the deceased not to continue the relationship with his sister. 4. It is further submitted that CDR of the mobile of the applicant and co-accused does not show that they were last seen together at the time of committing the murder of the deceased. It is further submitted that there is no incriminating material against the applicant except the Versus Counsel for Applicant(s) : Akash Mishra Counsel for Opposite Party(s) : G.A., Satyendra Narayan Singh, Vikas Singh Abhishek .....Applicant(s) State of U.P. .....Opposite Party(s) statement of co-accused persons and he has been falsely implicated on the basis of recovery of one tab from river on pointing out of the applicant which allegedly belongs to the deceased. It is further submitted that the co-accused Deepak Kumar, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.12739 of 2026 vide order dated 16.04.2026. Therefore, the applicant being on better footing, he is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 24.02.2026. 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 counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that the co-accused has specifically made allegation of strangulation against the present applicant and motive is also assigned to the present applicant as the sister of the present applicant was having love affair with the deceased. It is further submitted that CDR report of the mobile of the applicant shows that the applicant was in touch with each other. 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 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. 6. Let the applicant- Abhishek, 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 BAIL No. 15043 of 2026 2 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 Etawah 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 S.C. BAIL No. 15043 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad