HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35055 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Saurabh Yadav, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Salman to enlarge him on bail in Case Crime No. 165 of 2026, under Sections 288 BNS and Section 4/5 of the Explosive Substances Act, P.S.- Mahewaghat, District- Kaushambi, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in the FIR dated 01.09.2026 lodged by the police against three named persons including the accused/applicant with the allegation that the accused/applicant is apprehended with the material pertaining to fire crackers. It is the contention of learned counsel that there is no independent witness of arrest and recovery, out of three persons one of co-accused has already been granted bail by the coordinate Bench of this Court, although from her the powder which is used in cracker was recovered. The investigation is continuing and the accused/applicant is cooperating with the investigation. The accused/applicant has no criminal history. The accused applicant is languishing in jail since 02.09.2026. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Rajesh Kumar, Saurabh Yadav Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties and perused the record. 6. Considering that the arrest and recovery has been made in absence of independent witness, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 1, 2026 Abhishek Sri. BAIL No. 35055 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad