NARESHversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 12989 of 2026

Naresh
                                                                          .....Applicant(s)
                                         Versus
State of U.P.
                                                                     .....Opposite Party(s)

Counsel for Applicant(s)                          :   Jitendra Singh
Counsel for Opposite Party(s)                     :   G.A., Rajesh Kumar Singh

Court No. - 67
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Jitendra Singh, learned counsel for the applicant, Sri Rajesh Kumar
Singh, learned counsel for the first informant and Sri Roshan Kumar Singh, learned
A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on
bail during the trial in Case Crime No.17 of 2026, under Sections 103(1), 115(2),
351(3), 126(2), 191(1), 191(2), 191(3), 190 and 3 (5) of B.N.S. and Section 27 of
Arms Act, P.S.-Gadhiya Rangeen, District- Shahjahanpur.

3. Contention of learned counsel for the applicant is that the applicant is an innocent
person and he has been falsely implicated in the present case. He further submitted
that in the FIR, specific allegation of causing firearm injury has been made against the
co-accused Pradeep, Sanjeet and Surjeet, subsequently, the eye-witness as well as the
injured made specific allegation for causing firearm injury against accused Sanjeet and
Surjeet. No specific role has been assigned to the applicant for causing any injury to
the deceased. No weapon has been recovered on pointing out of the applicant. He
further submitted that co-accused Vipin having similar role to that of the applicant,
has been enlarged on bail by this Court in Criminal Misc. Bail Application No.12121
of 2026 vide order dated 09.01.2026. Therefore, the applicant is also entitled to be
released on bail on the ground of parity. The applicant has no criminal history and he
is in jail since 16.02.2026. It is lastly submitted that charge sheet has been filed by the
police, therefore, there is no requirement for custodial interrogation. In case the
applicant is released on bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.

4. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not
dispute the parity of the applicant with co-accused Vipin, who has been enlarged on
bail by this Court.

5. Considering the entire facts and circumstances of the case, submissions of learned
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                                     2

counsel for the parties and taking into account the fact that similarly situated co-
accused has been enlarged on bail and keeping in view the nature of offence,
evidence, complicity of accused and taking into account overcrowded jails and heavy
pendency of criminal cases before the trial courts as well as considering the mandate
of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central
Bureau of Investigation reported in 2025 SCC Online SC 3038 and without
expressing any opinion on the merits of the case, I am of the opinion that the applicant
is entitled to be enlarged on bail. Accordingly, the present application is allowed.

6. Let the applicant- Naresh involved in the aforementioned crime be released on bail,
on his 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 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.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking
any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime
after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed
by him.

7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the
court concerned before the bonds are accepted.

9. Verification of mobile number as well as Aadhaar Card of the applicant and sureties
should also be conducted by the court concerned.

9. It is made clear that the applicant shall be released on the basis of downloaded copy
of this order from the official website of High Court Allahabad and verified by the
concerned counsel with the undertaking that the certified copy will be filed within 15
days.

10. It is directed that the trial court shall send the release order to the concerned jail
through Bail Order Management System (BOMS) to ensure early release of the
applicant.

11. Office is directed to send a copy of this order to the applicant through concerned
Jail Superintendent via e-mail or e-prison portal in compliance of the order of the
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                                    Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
                                    Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

                                    April 20, 2026
                                    A.Kr.
                                                                                     (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad