HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12299 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case crime No.331 of 2025, under Sections 103(1), 3(5), 61(2) of B.N.S. at Police Station-Kundarki, District- Moradabad. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR, wherein allegation has been made that some unknown persons had killed the deceased by causing head injury. Thereafter on the basis of information from an informer, father of the deceased Babu Ram and three co-accused persons including the applicant were arrested. In the confessional statement of co-accused Aslam @ SultanIt, it was surfaced that co-accused Sajjid, in a pre-planned manner and on instruction of co-accused Babu Ram, repeatedly hit the deceased with iron rod by taking him to a secluded place and thereafter the co-accused Aslam ran over the car over the deceased, resulting into his death. Thereafter, a blood stained iron rod was recovered from the possession of the co-accused Sajjid and a mobile phone of the deceased was recovered form co-accused Aslam @ Sultan. Learned counsel for the applicant further submitted that, as per the prosecution story, cause of murder of the deceased is that one Adash Kumar, Advocate in collusion with father of the deceased Babu Ram had taken an insurance policy of the deceased for more than one crore and just to claim and share of that amount, the deceased was murder. He further submitted that even in the Versus Counsel for Applicant(s) : Ashutosh Ganguli, Masoom Alam Counsel for Opposite Party(s) : G.A. Tahabbur Mewati .....Applicant(s) State of U.P. .....Opposite Party(s) confessional statement co-accused, there is no allegation against the applicant except he was in the company of co-accused Aslam @ Sultan and Sajjid and no role was assigned to him. There is no recovery of any weapon on the pointing out of the applicant. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 04.12.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present application is allowed. 6. Let the applicant- Tahabbur Mewati involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. BAIL No. 12299 of 2026 2 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 10. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through Moradabad Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. April 20, 2026 A.Kr. BAIL No. 12299 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad