HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8689 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. None is present on behalf of the informant even in the revised call. 2. Heard Sri Chandra Kumar Rai, learned counsel for the applicant and Sri Rajnikant Rai, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.335 of 2025, under Sections 3(5), 103(1), 351(3) BNS and Section 3/25 Arms Act, Police Station Baradah, District Azamgarh, during pendency of the trial. 4. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith co-accused Alok Prajapati but admittedly informant of the case was not the eye-witness 5. He further submits, there is no eye-witness account and all the witnesses disclosed the name of accused only because earlier on the date and time of incident they were having quarrel with the deceased. 6. He next submits, even co-accused Alok Prajapati has been released on bail by co-ordinate Bench of this Court vide order dated 09.02.2026 passed in Criminal Misc. Bail Application No.154 of 2026 and case of applicant is at par with him. 7. He further argued, however apart from the present case applicant is having criminal history of one another case but that case relates to minor Versus Counsel for Applicant(s) : Chandra Kumar Rai, Janardan Yadav, Manikant Yadav Counsel for Opposite Party(s) : G.A., Jagadamba Gupta Hemant Rai .....Applicant(s) State of U.P. .....Opposite Party(s) offence. 8. He further submits, in the present matter applicant is in jail since 10.11.2025 i.e. for last 10 months. 9. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is named in the FIR alongwith co-accused Alok Prajapati but it reflects, neither informant nor anyone could witness the real incident of murder. 12. Further, even co-accused Alok Prajapati has been released on bail by co-ordinate Bench of this Court and case of applicant is at par with him. 13. Further, however apart from the present case applicant is having criminal history of one another case but that case relates to minor offence. 14. Further, in the present matter applicant is in jail since 10.11.2025 i.e. for last 10 months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Hemant Rai 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 BAIL No. 8689 of 2026 2 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. 18. 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. 19. 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. 8689 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad