HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14629 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Nitin Sharma, learned counsel for the applicant, Sri Himanshu Kumar, 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.23 of 2026, under Sections- 103(1), 238A, 61(2) BNS, Police Station-Babrala, District-Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the FIR, specific allegation of motive and causing death of the deceased has been assigned to the co-accused Rahul and during investigation, the statement of wife of the deceased was also recorded wherein she had clearly admitted that she was informed by the deceased that the co-accused Rahul instead of returning his money taken by him is trying to kill him. Thereafter, the dead body of the deceased was recovered from the adjoining road. It is further submitted that applicant has been falsely implicated in the present case on the basis of statement of co-accused, Rahul, though, neither specific allegation has been made by the first informant or other family members against the applicant nor any motive was assigned to the applicant. Thereafter, on the basis of joint declaration of the applicant and co- accused, one danda was shown to be recovered behind the store room of the petrol pump, though, there was no blood stain on the aforesaid danda. It is further submitted that there is no eye witness of the incident or any CCTV footage showing the involvement of the applicant and motive has been assigned to the co-accused, Rahul. It Versus Counsel for Applicant(s) : Nitin Sharma Counsel for Opposite Party(s) : G.A. Rajesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) is further submitted that as per the postmortem report, the cause of death is only one ante-mortem head injury which was found to be fatal and no specific role has been assigned to the applicant and applicant has been falsely implicated on the basis of recovery of one danda. 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 18.02.2026. 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 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- Rajesh Kumar, 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. BAIL No. 14629 of 2026 2 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 Moradabad 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. 14629 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad