HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9459 of 2026 Court No. - 66 (Sr. No.24 out of 116) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.229 of 2025, under Sections 103(1), 3(5) BNS, Police Station Jansath, District Muzaffar Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by more than one day and there is no explanation of the said delay caused. The applicant is not named in the FIR and his name has come up for the first time in the statement of one Chandrapal Saini, who happens to be a family member of the informant. 5. Learned counsel for the applicant has further argued that the said statement was recorded belatedly on 22.12.2025, i.e. after a delay of five days from the FIR and the applicant is stated to have been seen by him alongwith the deceased person. There is no other evidence against the applicant whatsoever. The applicant has no criminal history and is in jail since 18.12.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sushil Kumar Pandey Counsel for Opposite Party(s) : G.A. Akash Saini .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled by the fact that the witness of last seen Chandrapal Singh is the relative of the informant, but he did not care to nominate the applicant for five days, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Akash Saini, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. March 19, 2026 Vikas Verma BAIL No. 9459 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad