HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15129 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Saghir Ahmad, learned Senior Advocate assisted by Sri Mohd Raghib Ali, learned counsel for the applicant, Sri Rakesh Kumar Mishra, 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. 18 of 2026, under Section 103(1) BNS, Police Station- Sumerpur, District Hamirpur. 3. As per prosecution story, the applicant along with co-accused Akash Kumar, Bhola Prasad and Vishnu came to his house at 8.00 p.m. on 14.01.2026 and taken away his son Sumit. After some time, Vishnu came to his house and informed that the deceased and Ravi Kiran Nishad @ Bhullar were quarreling. Thereafter the first informant along with his son Vinod reached on the spot and found that one of the co-accused Ravi Kiran Nishad @ Bhullar had hit the deceased with wheel spanner (tyre panna) which resulted into falling down the deceased. Then, they took the deceased to Government Hospital, Sumerpur where doctor declared him dead. 4. Learned counsel for the applicant has submitted that Medical Officer, Primary Health Centre, Sumerpur, in his letter dated 14.01.2026, sent to SHO concerned police station clearly mentioned that the present applicant along with Akash Kumar brought Sumit at Primary Health Centre but he was died. It is further submitted that even from the statements of first informant as well as his son Vinod, it is clear that there is specific allegation against co-accused Ravi Kiran Nishad @ Bhullar for hitting the deceased with wheel spanner which resulted in his death and no role has been assigned to the applicant in beating the deceased or causing any injury. It is further submitted that there is no incriminating material against the applicant even then he has been falsely implicated. He further submitted that co-accused Akash Kumar @ Bhola Prasad @ Bhola Khangar having similar role to that of the applicant, has been enlarged on bail by this Court in Criminal Misc. Bail Application No.13101 of 2026 vide order dated 21.04.2026. Therefore, the applicant is also entitled to be released on Versus Counsel for Applicant(s) : Mohammad Samnani Ali, Mohd Raghib Ali, Sr. Advocate Counsel for Opposite Party(s) : G.A. Mahendra Kumar Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) bail on the ground of parity. 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 18.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the parity of the applicant with co-accused Akash Kumar @ Bhola Prasad @ Bhola Khangar, who has been enlarged on bail by this Court. 6. 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 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 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- Mahendra Kumar 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. 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. 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. BAIL No. 15129 of 2026 2 11. 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. 12. 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. 13. Office is directed to send a copy of this order to the applicant through Hamirpur 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. 15129 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad