HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28525 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Short counter affidavit on behalf of the informant and counter affidavit on behalf of the State filed today are taken on record. Heard Sri Anurag Shrivastava, learned counsel for the applicant, Sri Shishir Tandon, learned counsel for the informant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 342 of 2026, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) BNS, Police Station Kotwali City, District Bijnor, during the pendency of trial. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motives. It is submitted that the applicant has no criminal antecedents and is neither a previous convict nor is any criminal case pending against him, except the present case. One criminal history of the applicant has been duly explained in the bail application. It is further submitted that the dispute in question arises out of a matrimonial dispute between the husband and wife, and the parties have amicably settled their dispute by entering into a compromise. In pursuance of the said compromise, the applicant has handed over three cheques in favour of the informant, amounting to a total sum of Rs. 28,00,000/-, towards settlement of the monetary claim/dispute between the parties. Thus, the continuation of the applicant in judicial custody is not warranted, particularly when the Versus Counsel for Applicant(s) : Anurag Shrivastava, Sr. Advocate Counsel for Opposite Party(s) : G.A., Shishir Tandon Farhan .....Applicant(s) State of U.P. .....Opposite Party(s) parties have arrived at an amicable settlement. It is further submitted that the applicant is languishing in jail since 25.06.2026 and that there is no likelihood of his absconding, tampering with the prosecution evidence or influencing the witnesses. The applicant undertakes to cooperate with the trial. In case the applicant is released on bail, he shall not misuse the liberty of bail. Per contra, learned counsel for the informant as well as learned A.G.A. have not disputed the aforesaid submissions made by learned counsel for the applicant. Learned counsel for the informant, by referring to the short counter affidavit filed on behalf of the informant, has supported the submissions advanced by learned counsel for the applicant and has drawn the attention of the Court to paragraphs 4 and 5 thereof, wherein the relevant facts, including the settlement/compromise between the parties, have been stated. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Farhan be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. BAIL No. 28525 of 2026 2 In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 9, 2026 Brijesh BAIL No. 28525 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad