HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13025 of 2026 Court No. - 67 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Prabhat Kumar Singh, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 490 of 2025 under Section 103 (1) and 238 (A) of BNS, P.S. Hasanpur District Amroha, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the present case. He further submitted that initially a missing report was filed on 03.11.2025 by the father of the deceased regarding missing of the deceased on 02.11.2025 from his agricultural field. Subsequently, on finding the dead-body of the deceased on 04.12.2025, the wife of the deceased lodged FIR on 06.12.2025, wherein doubt was expressed regarding involvement of the applicant and the co-accused in the murder of the deceased. He further submitted that as per the post-mortem report, the cause of death of the deceased is strangulation; subsequently merely on the basis of statement of nephew of the deceased Amit Kumar, name of the applicant as well as his brother Kamal surfaced with the allegation that applicant along with his brother Kamal was also going towards the field on his motorcycle. He further submitted that there is no incriminating material against the applicant, even there is no recovery of any weapon or any incriminating article on pointing out of the applicant. There is no witness of the last seen of the applicant with the deceased. The applicant has been falsely implicated in the present case only to exert pressure upon him. It is further submitted that co-accused Pawan, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 11442 of 2026 vide order dated 06.04.2026. Therefore, the applicant having an identical role, is also entitled Versus Counsel for Applicant(s) : Akhilendra Singh, Jitender Singh, Prabhat Kumar Singh Counsel for Opposite Party(s) : G.A. Kamal .....Applicant(s) State of U.P. .....Opposite Party(s) to be released on bail on the ground of parity. Applicant has no criminal history. The applicant is in jail since 15.11.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated co-accused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of the 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- Kamal, 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. 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 and Aadhar card of the applicant as well as BAIL No. 13025 of 2026 2 sureties should be verified by the court concerned. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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 further 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 concerned 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. (Arun Kumar Singh Deshwal,J.) April 20, 2026 SA BAIL No. 13025 of 2026 3 Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad