HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33330 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri Manoj Kumar Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 36 of 2026, under Sections 103(1), 3(5), 351(3) BNS and 4/25 Arms Act, Police Station Amroha Dehat, District Amroha, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however applicant is named in the FIR alongwith four others but admittedly informant of the case was not the eye witness. 4. He further submitted that however during investigation Investigating Officer recorded the statements of some witnesses and they also stated against the applicant and his brother Neeraj but even from their statements it reflect, they were not the eye witnesses. 5. He further submitted that actually it appears to be a case of blind murder and it reflects, nobody could see the real incident and due to previous enmity applicant has been made accused alongwith his brother. 6. He further submitted that with a very detailed order co-accused Neeraj has been released on bail by the co-ordinate bench of this Court and his bail order has been annexed at page 68 of the paper book and case of applicant is at par with him. 7. He further submitted that as per prosecution when applicant was arrested Versus Counsel for Applicant(s) : Ishwar Chandra Tyagi Counsel for Opposite Party(s) : G.A. Dheeraj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) then on his pointing out one knife was recovered which was allegedly used in the instant crime but entire recovery is false and planted one and even till date alleged recovered knife could not be connected with the instant crime. 8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 5.2.2026 i.e. for last seven and half months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Further, however, as per prosecution applicant and co-accused Neeraj by inflicting knife injury committed the murder but from the material available on record it reflects, none of the witnesses could see the real incident. 12. Further, co-accused Neraj has been released on bail by the co-ordinate Bench of this Court and case of applicant is at par with him. 13. However, as per prosecution on the pointing out of the applicant one knife was recovered which was allegedly used in the instant crime but alleged recovery has been made from an open place which was accessible to all and till date alleged recovered knife could not be connected with the instant crime. 14. Further, applicant is having no previous criminal history and he is in jail in the present matter since 5.2.2026 i.e. for last seven and half months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Dheeraj Kumar, 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. BAIL No. 33330 of 2026 2 (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. 18. 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. 19. 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 18, 2026 Ankita BAIL No. 33330 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad