HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31897 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 280 of 2026, under Sections 103(1), 238, 61(2) BNS, Police Station Bisuali, District Budaun, 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 thirty nine days and there is no explanation of the said delay caused. The applicant is not named in the FIR. His name has surfaced for the first time in the statement of the Gram Pradhan, Omveer Singh, as an afterthought, who is not an eye-witness. The said witness has stated that applicant was seen going to and fro in the village in the night of the incident. There is no eye-witness account. Even the daughter of the deceased person has only opined about the purportive motive of the crime, which does not carry any weight. 5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 12.7.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ravi Shankar Tripathi Counsel for Opposite Party(s) : G.A. Rambhan .....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 statement of the daughter of the deceased; the delay in FIR; the fact that applicant is not named in the FIR and there being no eye- witness account of the incident 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- Rambhan who is involved in aforementioned case 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 subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2026 Shalini BAIL No. 31897 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad