Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32399 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 133 of 2026, under Sections 103(1), 3(5), 61(2), 238(a) BNS, Police Station Shivli, District Kanpur Dehat during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case of circumstantial evidence and nobody was named in the FIR. He further submits, during investigation complicity of co-accused Sagar Kumar was revealed and when he was arrested and his statement was recorded then he disclosed the name of applicant. 4. He further submits, apart from the statement of co-accused and confessional statement of applicant, as per prosecution, applicant had several conversation with co-accused Sagar Kumar and except above evidence there is no other evidence against the applicant on record. 5. He further submits, in absence of any other corroborative evidence it cannot be said that applicant involved in the instant crime. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.04.2026. 7. 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) : Sanjay Srivastava Counsel for Opposite Party(s) : G.A. Lalit Nagar .....Applicant(s) State of U.P. .....Opposite Party(s)
8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and nobody was named in the FIR but it reflects, during investigation through the statement of co-accused Sagar Kumar complicity of the applicant was revealed. 10. Further, however, as per prosecution, applicant also had several conversation with co-accused Sagar Kumar but in considered view of this Court in absence of any other corroborative evidence merely on the basis of above evidence prima facie it cannot be said that applicant committed the murder of the deceased along with co-accused Sagar Kumar. 11. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.04.2026. 12.
Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Lalit Nagar 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. 15. 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. 16. 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 BAIL No. 32399 of 2026 2
said observations shall have no bearing on the merits of the case during trial. September 18, 2026 AK Pandey BAIL No. 32399 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad