HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31753 of 2026 Court No. - 68 (Sr. No.19 out of 172 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rakesh Kumar Rathore, learned counsel for the applicant, Sri Sanjay Kumar Yadav, learned counsel for the informant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.39 of 2026, under Section 103(1) B.N.S., Police Station Kurra, District Mainpuri, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR, which itself is delayed by about four days, and there is no explanation for the said delay caused. The informant subsequently gave an application before the police station, i.e., after a delay of about seven days, alleging that he suspected that the applicant and other accused persons had committed the said offence. There is no cogent or direct evidence against the applicant. The applicant is stated to have misused the SIM card stolen from the deceased person. The duration of the misuse of the said SIM card by the applicant is from 08.02.2026 to 12.02.2026, which is about one month before her death. As such, it is a clear-cut case of false implication. The applicant has no criminal history and is in jail since 24.03.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned A.G.A. have vehemently Versus Counsel for Applicant(s) : Rakesh Kumar Rathore, Sanjeev Kumar Counsel for Opposite Party(s) : G.A., Sanjay Kumar Yadav Rishabh .....Applicant(s) State of U.P. .....Opposite Party(s) opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of the FIR and the fact that there is no cogent or direct evidence against the applicant, 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. 7. Let the applicant- Rishabh, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 9, 2026 (Ravi Kant) BAIL No. 31753 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad