HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33129 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Diwan Saifullah Khan, learned counsel for the applicant and Sri Rajiv 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.152 of 2026, under Sections 103(1), 140(1), 238, 61(2), 3(5) BNS, Police Station Loni, District Ghaziabad, during pendency of the trial. 3. Learned counsel for the applicant submits, FIR of the present case was lodged on 30.05.2026 against five accused (non-applicant) for offences punishable under Sections 109(1), 140(3), 3(5) BNS and according to the FIR named accused persons after causing firearm injury abducted the brother of the informant. 4. He next submits, subsequently when on 14.06.2026 it was found that dead body of the deceased was lying in Mathura then thereafter case was converted under Section 103(1) BNS. 5. He further submitted that with a detailed order co-accused Ajab Singh has been released on bail by this Court and his bail order has been annexed at page 109 of the paper book and he was also not named in the FIR and case of applicant is at par with him. 6. He further argued, applicant is not having any previous criminal history and in the present matter he is in jail since 01.06.2026. 7. Per contra, learned AGA however opposed the prayer for bail but could Versus Counsel for Applicant(s) : Diwan Saifullah Khan Counsel for Opposite Party(s) : G.A. Bijendra .....Applicant(s) State of U.P. .....Opposite Party(s) not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. It appears to be a case of circumstantial evidence and applicant was not named in the FIR. 10. It reflects, during investigation he has been made accused alongwith co- accused Ajab Singh and co-accused Ajab Singh has been released on bail by this Court with a very detailed and reasoned order and case of applicant is at par with him. There is no occasion for this Court to take contrary view in the instant bail application. 11. Further, applicant is not having any previous criminal history and in the present matter he is in jail since 01.06.2026 i.e. for last more than three and half months. 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 - Bijendra, 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 BAIL No. 33129 of 2026 2 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 17, 2026 Ankita BAIL No. 33129 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad