HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19435 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Amritesh Dwivedi, counsel for the applicant, Sri Roshan Kumar Singh, 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 during trial in Case Crime No. 597 of 2025, under Sections 103(1) 3(5) 109(1), 115(2) 131, 352, 351(3) B.N.S., Police Station Gauribazar, District Deoria. 3. Counsel for the applicant submitted that in the FIR allegation has been made that while the first informant and his brother (deceased) went to the house of the co-accused person to make a complaint for the indecent behaviour of the co-accused Mantu with the daughter of the first informant then the applicant and his family members have attacked upon the elder brother of the first informant and when the applicant and her sister-in-law Gunja tried to intervene, then the co- accused persons have also beaten them. Counsel for the applicant submitted that as per the post-mortem report, the deceased received only one injury. He further submitted that neither the first informant nor the alleged eye-witness Gunja Devi made any specific allegation against any of the accused persons; subsequently the daughter of the first informant assigned the specific role of causing head injury to the present applicant in her statement recorded under Section 180 BNSS though her statement recorded under Section 183 BNSS is different. It is further submitted that in the FIR as well as in the statement of the first informant, it is clearly mentioned that the daughter of the first Versus Counsel for Applicant(s) : Amritesh Dwivedi Counsel for Opposite Party(s) : G.A. Kishan Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s) informant Chilbuli was not present at the time of incident, therefore, her statement is not reliable. It is further submitted that no incriminating material found on pointing out of the applicant. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 04.01.2026. 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 accused 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. Accordingly, the bail application is allowed. 6. Let the applicant- Kishan Vishwakarma 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. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 19435 of 2026 2 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. 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. 10. 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. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 8, 2026 CS/- BAIL No. 19435 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad