HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33555 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State- respondent and perused the record of the case. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 207 of 2026, under Sections 79, 75, 115(2), 352, 351(3), 317(2), 304(2) BNS, Police Station- Taryasujan, District- Kushinagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that applicant is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. It is next submitted that the incident took place on 22.07.2026 and its FIR was lodged on 24.07.2026 without giving plausible explanation for delay in lodging the FIR. There is no iota of evidence has been found against the applicant. There is no criminal history of the applicant. He next submitted that the applicant is languishing in jail since 22.07.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Neetu Pal, Vijay Laxmi Singh Counsel for Opposite Party(s) : G.A. Jitendra Kushwaha .....Applicant(s) State of U.P. .....Opposite Party(s) 5. The prayer for bail has been vehemently opposed by learned A.G.A. 6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let applicant, Jitendra Kushwaha be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (i). The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). 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. 9. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 10. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. 11. 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 BAIL No. 33555 of 2026 2 said observations shall have no bearing on the merits of the case during trial. September 21, 2026 v.k. updh. BAIL No. 33555 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad