HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29571 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Short counter affidavit filed by the informant and supplementary affidavit filed by the applicant are taken on record. 2. Heard Sri Araf Khan, learned counsel for the applicant, Sri Nikhil Kumar Yadav, learned counsel for the informant and Sri Vijay Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.258 of 2026, under Sections 191(2), 190, 103(1), 3(5) BNS, Police Station Quarsi, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits, however applicant is named in the FIR alongwith others and as per allegation he was having enmity with the deceased and due to enmity he along with others by causing lathi injury committed his murder but entire allegations levelled against the applicant are totally false. 5. He next submits, postmortem report suggests, deceased sustained single injury on his head and there is no evidence that applicant is author of this injury. 6. He next submits, even from the postmortem report it reflects, present case does not travel beyond Section 105 BNS as it could not be reflected that applicant was having any intention to cause death of the deceased. Versus Counsel for Applicant(s) : Araf Khan, Lihazur Rahman Khan Counsel for Opposite Party(s) : Nikhil Kumar Yadav, G.A. Kadeer .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits, other co-accused who were brothers of applicant have already been released on bail by this Court and considering the allegation of assault case of applicant is at par with them and their bail order have been annexed along with the supplementary affidavit dated 19.09.2026. 8. He further argued, however apart from the present case applicant is having criminal history of three other cases but his criminal history has been explained and all the cases were of minor nature and in one case even closure report has been submitted. He next submits, in the present matter applicant is in jail since 08.05.2026. 9. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submit, applicant appears to be prime accused as he was having motive to commit the instant crime as his dispute was pending with the deceased but could not dispute the other argument 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 his brothers and as per allegation he alongwith his brothers committed murder of the deceased and from the record it also reflects, applicant was having enmity with the deceased but postmortem report suggests, deceased sustained only single injury on his head and there is no evidence that applicant is author of this injury. 12. Further, even considering the postmortem report the argument advanced by learned counsel for the applican that prima facie present case does not travel beyond Section 105 BNS cannot be ruled out. 13. Further, even co-accused who were brothers of applicant have already been released on bail by this Court and as far as allegation of assault is concerned case of applicant is at par with them. 14. Further, however apart from the present case applicant is having criminal history of three other cases but his criminal history has been BAIL No. 29571 of 2026 2 explained and all the cases were of minor nature and in one case even after investigation no charge sheet could be filed and in that case closure report has been submitted by the I.O. 15. Further, in the present matter applicant is in jail since 08.05.2026. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Kadeer 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. 19. 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. 20. 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 21, 2026 Shahroz BAIL No. 29571 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad