HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30934 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. However, alongwith the instant bail application free true copy of the bail rejection order passed by the court concerned has not been filed but considering the reason disclosed in this regard in the affidavit filed in support of the instant bail application, the instant bail application is being heard on merit. 2. Heard Sri Deepak Singh, advocate holding brief of Sri Anurag Dwivedi, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.187 of 2025, under Sections 103(1), 238(b) BNS, Police Station Bidhnu, District Kanpur Nagar, during pendency of the trial. 4. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith co-accused Ramsaran Gupta but it is a case of circumstantial evidence and FIR of the present case was lodged after four days. 5. He next submits, even except evidence of last seen there is no other evidence against the applicant on record. 6. He further submits, co-accused Ramsaran Gupta has been released on bail by co-ordinate Bench of this Court and his bail order has been Versus Counsel for Applicant(s) : Anurag Dwivedi Counsel for Opposite Party(s) : G.A. Rajesh Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) annexed at page-71 of the paper-book and case of applicant is at par with him. 7. He next submits, applicant is not having any criminal history and in the present matter he is in jail since 19.08.2025 i.e. for last more than a year. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is named in the FIR alongwith co- accused Ramsaran Gupta but it is a case of circumstantial evidence and even FIR of the present case was lodged after four days. 11. Further, it reflects, except evidence of last seen there is no cogent and admissible evidence against the applicant on record. 12. Further, even co-accused Ramsaran Gupta has been released on bail and case of applicant is at par with him. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.08.2025 i.e. for last more than a year. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Rajesh Nishad 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. 30934 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. 17. 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. 18. 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 15, 2026 Shahroz BAIL No. 30934 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad