HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31641 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, 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.356 of 2026, under Sections 303(2), 317(2), 111(2)(b), 317(4), 3(5) of BNS, P.S.- Kotwali, District- Azamgarh. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The F.I.R. was lodged against unknown persons. Police supposedly arrested three other accused and on their statement, the name of the applicant and the co-accused Vinod Jaiswal and Brijesh Kumar Gupta was disclosed. The Learned counsel for the applicant has contended that co-accused Vinod Jaiswal and Brijesh Kumar Gupta have been granted bail by this Court in Criminal Misc. Bail Application Nos. - 30110 of 2026 and 30497 of 2026. The case of the applicant stands on a similar footing to that of the co-accused. The applicant had no previous criminal case to his credit but after his arrest on the basis of the same recovery memo, he has been implicated in seven cases. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the applicant's case stands on a similar footing to that of the co-accused nor the fact that the applicant has no other criminal history except the cases arising from the instant recovery memo. Versus Counsel for Applicant(s) : Raghvendra Prakash Counsel for Opposite Party(s) : G.A. Yogeshwar Jaiswal .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. The name of the applicant has surfaced during investigation. There is no independent witness to the recovery. The applicant is in jail since 07.07.2026 having no previous criminal case to his credit except the cases which have been registered on the basis of the recovery memo in question. Case of the applicant stands on a similar footing to that of co- accused Vinod Jaiswal and Brijesh Kumar Gupta, who have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. - 30110 of 2026 and 30497 of 2026. 7. Taking into account all the facts and circumstances of the case, prima facie, a case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant- Yogeshwar Jaiswal, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the trial Court will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official BAIL No. 31641 of 2026 2 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 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. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. September 9, 2026 Sachin BAIL No. 31641 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad