Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32283 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. Heard Sri Anuj Kumar Gupta learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No..149 of 2026, under Section 103(1) BNS, Police Station Rajpura, District Sambhal during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant was not named in the FIR but during investigation on the basis of false allegation without any cogent evidence he has been made accused in the present matter. 4. He further submits that even from the post mortem report it reflects that deceased did not sustain any injury and his cause of death could not be ascertained and, therefore, even prosecution story narrated in the FIR appears to be doubtful. 5. He further argued that co-accused Rajesh and Vijay Pal were named in the FIR and co-accused Rajesh has been released on bail by this Court vide order dated 19.9.2026 and his bail order has been annexed at page 89 of the paper book and co-accused Vijay Pal has been released on anticipatory bail by this Court vide order dated 1.8.2026 and his order has been annexed at page 87 of the paper book and case of applicant is on better footing than them. 6. He further argued that applicant is not having any previous criminal Versus Counsel for Applicant(s) : Anuj Kumar Gupta Counsel for Opposite Party(s) : G.A. Dhanpal .....Applicant(s) State of U.P. .....Opposite Party(s)
history and in the present matter he is in jail since 16.8.2026. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the other argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, in the present matter applicant is in jail only since 16.8.2026 but he was not named in the FIR and one of the named co-accused has been released on bail
10. Further, even post mortem report suggests that deceased did not sustain any external injury and prima facie post mortem report creates doubt on the prosecution story narrated in the FIR.
11. Further, applicant is not having any previous criminal history. 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-Dhanpal 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 BAIL No. 32283 of 2026 2
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 18, 2026 SKM BAIL No. 32283 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad