HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35062 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned AGA for the State and perused the record of the case. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 135 of 2026, under Sections 303(2), 317(4), 317(5), 317(2), 3(5) BNS, Police Station- Kailadevi, District- Sambhal, during pendency of the trial in the court concerned. 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. Applicant was not named in the FIR. His named was surfaced during the course of investigation in the confession statement of co-accused. The present FIR pertains to the alleged incident of theft of electric wire. 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. There is no independent witness of the said recovery. Nothing incriminating has been recovered from the possession of the applicant. Co-accused of the applicant namely Pushpendra, Arshad and Anand Shukla have already enlarged on bail by this Court vide orders dated 25.9.2026, 25.9.2026 and 29.9.2026 passed in Criminal Misc. Bail Application Nos. 34266 of 2026, 34276 of 2026 and 34709 of 2026, respectively. Except the present case, the applicant is not having any other criminal history and he is languishing in jail since 1.9.2026. It is also submitted that the applicant undertakes that he will not Versus Counsel for Applicant(s) : Dharmendra Kumar Patel Counsel for Opposite Party(s) : G.A. Gautam .....Applicant(s) State of U.P. .....Opposite Party(s) 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. The prayer for bail has been vehemently opposed by learned A.G.A. Considering the facts and circumstances of the case, perusing the record, evidence and also considering the nature of allegations, arguments advanced by the 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. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let applicant, Gautam 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. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at BAIL No. 35062 of 2026 2 liberty to cancel the bail. 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. October 1, 2026 Brijesh BAIL No. 35062 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad