HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32971 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Amit Daga, learned Senior Advocate assisted by Sri Amit Kumar Agrahari, learned counsel for the applicant, Sri Deepak Dubey, learned counsel for the first informant and Sri Bhupendra Pal 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. 198/2025, under sections 140(1), 191(2), 193(3), 115(2), 311, 190, 61(2), 351(3), 352, 117(2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Sidhpura District- Kasganj, during the pendency of the trial. 3. This is a second bail application. 4. First bail application no.1340 of 2026 was rejected by this court on 28.01.2026. 5. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of the injured, allegation has been made against the applicant as well as co-accused for abducting and thereafter beating him mercilessly. It is further submitted that subsequent to rejection of the bail application of the applicant, co- accused Kripal @ Jhabbu, having similar role to that of the applicant have been released on bail in bail application no.42421 of 2025 by the coordinate Bench of this Court on 05.05.2026 and this order was challenged by the first informant before the Apex Court through SLP No.42697 of 2026 and the Hon'ble Apex Court instead of setting aside the bail order granted liberty to the first informant to move bail cancellation application before the High Court in case of any violation Versus Counsel for Applicant(s) : Amit Kumar Agrahari, Sr. Advocate, Umesh Chandra Shukla, Vimal Kumar Pandey Counsel for Opposite Party(s) : Deepak Dubey, G.A. Dalveer Singh .....Applicant(s) State of U.P. .....Opposite Party(s) of condition. It is further submitted that apart from the co-accused Kripal @ Jhabbu, the co-accused, Rajeev Yadav and Harshit, have also been released on bail by the coordinate Bench of this Court in bail application nos.19010 of 2026 and 39501 of 2025, subsequent to the present bail application. Therefore, being on similar footing, the applicant is also entitled to be released on bail. It is further submitted that the applicant has explained the criminal history of one case in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 26.09.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that while granting bail the coordinate Bench has not consider the overview of the CCTV footage mentioned in the case diary and other co-accused were also released on the ground of parity with Kripal @ Jhabbu but could not dispute the fact that the Hon'ble Apex Court did not interfere in the bail granted to Kripal @ Jhabbu. 7. Considering the aforesaid submission and taking into account that the co-accused, Kripal @ Jhabbu, Rajeev Yadav and Harshit, have been released on bail by a coordinate Bench of this Court subsequent to the order on the first bail application of the applicant, coupled with the fact that the Hon'ble Apex Court did not interfere with the bail order of the co-accused Kripal @ Jhabbu, granted by this court 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 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail 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. 8. Let the applicant- Dalveer Singh, 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 BAIL No. 32971 of 2026 2 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. 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. 13. 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. 14. Office is directed to send a copy of this order to the applicant through Kasganj Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. BAIL No. 32971 of 2026 3 15. In case, the applicant failed to appear before the court below for framing of charge then the applicant is free to file bail cancellation application before this Court. September 23, 2026 S.C. BAIL No. 32971 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad