HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15494 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Rakesh Kumar Mishra, 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. 608 of 2025, under Sections- 191(2), 191(3), 190, 333, 115(2), 352, 351(3), 103(1), 61(2) BNS, Police Station-Modi Nagar, District-Ghaziabad, 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 first informant as well as in the statement of wife, general allegation has been made against the applicant that he along with other six co-accused persons came to the house of the deceased and after dragging him out from the house, started beating him infront of the shop of Sachin and fired upon him and shot him dead. It is further submitted that it was also mentioned in the FIR that Imrana was also the eye witness of the incident, though, subsequently, the brother of the deceased who was also the eye witness of the incident has stated that applicant was not present with the co-accused persons, who had killed the deceased, though the applicant was also involved in the conspiracy along with the co- accused Abid and for that reason, the applicant was admitted in the hospital one day prior to the date of incident. It is further submitted that discharge summary of the applicant itself shows that he was admitted in District Hospital, Ghaziabad on 15.10.2025 and discharged on 18.10.2025 and this fact is also substantiated by the brother of the deceased. It is further submitted that there is no recovery of any weapon on pointing out of the applicant, he has been Versus Counsel for Applicant(s) : Syed Ali Imam Counsel for Opposite Party(s) : G.A. Sadim .....Applicant(s) State of U.P. .....Opposite Party(s) falsely implicated only on the basis of apprehension and doubt. It is further submitted that the applicant has explained the criminal history of two cases in the accompanying affidavit. 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 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- Sadim, 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. BAIL No. 15494 of 2026 2 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 Ghaziabad 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 7, 2026 S.C. BAIL No. 15494 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad