HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28811 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Akhilesh Kumar Khare, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.135 of 2025, under Sections 103(1), 238 BNS, Police Station Lahchura, District Jhansi, during pendency of the trial. 4. Learned counsel for the applicant submits, it is a case of circumstantial evidence and nobody was named in the FIR but during investigation without any evidence merely on the basis of suspicion applicant has been made accused in the present matter. 5. He further argued, in the instant matter except confessional statement of applicant recorded by the I.O. there is no other evidence against the applicant on record. 6. He further submits, however it is a case of circumstantial evidence but prosecution did not even disclose any motive against the applicant. 7. He further argued, applicant is not having any criminal history and in the present matter he is in jail since 07.10.2025 i.e. for last almost one year. Versus Counsel for Applicant(s) : Akhilesh Kumar Khare Counsel for Opposite Party(s) : G.A. Sarman .....Applicant(s) State of U.P. .....Opposite Party(s) 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. It is a case of circumstantial evidence and nobody was named in the FIR. It reflects, during investigation on the basis of suspicion applicant has been made accused in the present matter. It further reflects, except suspicion and confessional statement of applicant recorded by the I.O. there is no other evidence against the applicant on record. 11. Further, however it is a case of circumstantial evidence but even prosecution did not disclose any clear motive against the applicant. 12. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.10.2025 i.e. for last almost one year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Sarman 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-social activity. BAIL No. 28811 of 2026 2 16. 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. 17. 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 18, 2026 Shahroz BAIL No. 28811 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad