HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30921 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Mohammad Iliyas, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.057 of 2026, under Sections 103(1), 3(5) BNS, Police Station Patiyali, District Kasganj, during pendency of the trial. 4. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith four others including co-accused Jaavid @ Jaavir but admittedly informant of the case was not the eye-witness. 5. He next submits, actually there is no eye-witness account and entire prosecution case is based upon the statement of Anwar and Hamid and they also did not disclose that they witnessed the real incident and they only stated that applicant and other accused were quarreling. 6. He next submits, after considering the entire facts in detail co-accused Jaavid @ Jaavir has been released on bail by co- Versus Counsel for Applicant(s) : Mohammad Danish, Mohammad Iliyas Counsel for Opposite Party(s) : G.A. Istekhar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 submits, applicant is not having any criminal history and in the present matter he is in jail since 09.03.2026. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co- accused Jaavid @ Jaavir has been released on bail and applicant is not having any criminal history and in the present matter he is in jail since 09.03.2026 i.e. for last more than six months, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Istekhar 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- BAIL No. 30921 of 2026 2 social activity. 13. 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. 14. 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 16, 2026 Shahroz BAIL No. 30921 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad