HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32266 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ankit Kapoor, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 132 of 2026, under Sections 190, 191(2), 103(2), 324(5), 3(5) BNS, Police Station Phoolpur, District Varanasi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation he has been made accused in the present matter. 4. He further submitted that from the record it reflects role of causing injury to the deceased has not been assigned to the applicant and witnesses assigned the role of causing injury to the deceased to co-accused Ashish Rajbhar and Manish. 5. He further submitted that co-accused Abhishek @ Buddhu who was also not named in the FIR has been released on bail by this Court and his bail order has been annexed at page 129 of the paper book and case of applicant is at par with him. 6. He further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 23.5.2026. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Applicant was not named in the FIR and it reflects, even witnesses assigned specific role of causing injury to the deceased to co-accused Ashish Rajbhar and Manish. 10. Further, co-accused Abhishek @ Buddhu who was also not named in the FIR has been released on bail by this Court and case of applicant is at par with him. Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : G.A. Pawan Rajbhar @ Pawan Kumar Bharadwaj .....Applicant(s) State of U.P. .....Opposite Party(s) 11. Further, applicant is having no previous criminal history and he is in jail in the present matter since 23.5.2026. 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-Pawan Rajbhar @ Pawan Kumar Bharadwaj, 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 said observations shall have no bearing on the merits of the case during trial. September 17, 2026 Ankita BAIL No. 32266 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad