HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32674 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 105 of 2026, under Sections 103(1), 109, 351(3), 3(5), 61(2) BNS, Police Station Bilsanda, District Pilibhit during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with six others but from the FIR and the statement of the informant, who was also injured witness, it is apparent that named accused persons including applicant did not cause any injury either to the deceased or to the informant and according to the injured/informant eight unknown persons caused injury to the deceased and also made assault upon him. He further submits, even from the record it could not be reflected, applicant was present at spot. 4. He further submits, applicant is brother-in-law of the informant and due to previous dispute which is admitted in the FIR applicant has been made accused in the present matter without any cogent evidence. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 30.05.2026. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Shakti Dubey, Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A. Sitesh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, FIR of the present case was lodged against applicant and six others and eight unknown persons but from the FIR and the statement of informant, who is also injured witness it reflects, applicant and other named accused were not even present at spot and according to prosecution eight unknown persons by causing firearm injury committed the murder of the deceased and even caused injury to informant. 9. Further, applicant is brother-in-law of the informant and enmity between both side is admitted. This Court finds merit in the argument advanced by learned counsel for applicant that only due to previous enmity applicant has been made accused in the present matter specially considering the fact that prima facie it appears, there is no cogent evidence against the applicant. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 30.05.2026. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sitesh 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. 14. 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. BAIL No. 32674 of 2026 2 15. 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 14, 2026 AK Pandey BAIL No. 32674 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad