UDAY @ KISHAN KUMARversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 14615 of 2026

Uday @ Kishan Kumar
                                                             .....Applicant(s)
                                Versus
State of U.P.
                                                        .....Opposite Party(s)

Counsel for Applicant(s)         :   Ripusudan Dubey, Savita Dubey
Counsel for Opposite Party(s)    :   G.A., Shaheen Baano, Sudhir Bharti

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

1. Heard Sri Ripusudan Dubey, learned counsel for the applicant, Ms.
Shaheen Baano, learned counsel for the first informant and Sri
Rakesh Kumar Mishra, 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 in Case Crime No.874 of 2025, under Sections-
103(1), 3(5), 61(2) BNS and Section 3/25 Arms Act, Police Station-
Pipraich, District-Gorakhpur, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that applicant
was not named in the FIR wherein the general allegation has been
made against four named persons. Subsequently, during
investigation in the statement of eye witness, Shahid, the name of the
applicant has been surfaced. In the statement of eye witness, Shahid,
a specific allegation of firing upon the deceased has been assigned to
the co-accused, Chotu, and no allegation has been made against the
applicant regarding beating or firing upon the deceased. It is further
submitted that the applicant has been falsely implicated merely on the
basis of general and vague allegations and on the basis of
subsequently planted witnesses. It is further submitted that co-
accused Roshan alias Ritik Roshan, has already been released on
bail by a coordinate Bench of this Court in Criminal Misc. Bail
Application No.14649 of 2026 vide order dated 01.05.2026.
Therefore, the applicant is also entitled to be released on bail on the
ground of parity. It is further submitted that the applicant has no
criminal history. It is further submitted that charge sheet has been
filed in the present case, therefore, there is no requirement of
custodial interrogation. The applicant is a law abiding citizen and he
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is languishing in jail since 30.12.2025. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.

4. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the 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 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail 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.

6. Let the applicant- Uday @ Kishan Kumar, 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.
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                                    9. Verification of mobile number and Aadhaar card of the applicant as
                                    well as sureties should be verified by the court concerned.

                                    10. It is made clear that the applicant shall be released on the basis
                                    of computer generated copy of this order, downloaded 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.

                                    11. It is further 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.

                                    12. Office is directed to send a copy of this order to the applicant
                                    through Gorakhpur Jail Superintendent via e-mail or e-prison portal
                                    within 24 hours in compliance of the order of the 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.

                                    May 7, 2026
                                    S.C.
                                                                                 (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad