AJAYversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15078 of 2026

Ajay
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                 :   Ashutosh Kumar Pandey
Counsel for Opposite Party(s)            :   G.A.

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

1. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant,
Sri Anand Pratap 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 in Case Crime No. 751 of 2024, under Sections- 103(1),
238(A), 61(2)(A) of B.N.S., Police Station- Tajganj, District- Agra,
during the pendency of the trial.

3. The contention of learned counsel for the applicant is that, as per the
prosecution story, the allegation of murdering the deceased by smothering
is against the co-accused, namely Rekha, Anjali and Shivani. The
allegation against the applicant is that he was also involved in the
aforesaid incident. However, the two eye-witnesses of the incident,
namely Abhishek and Devendra, have made specific allegations against
the co-accused Rekha, Anjali and Shivani, and no allegation has been
made against the applicant. It is further submitted that the applicant has
been falsely implicated in the present case, being a family member of the
co-accused Rekha, Anjali and Shivani. 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 is
languishing in jail since 06.11.2024. In case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
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4. Per contra, learned A.G.A. has 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.,
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- Ajay, 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
                                    Jail Superintendent, Agra 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.



                                                                               (Arun Kumar Singh Deshwal,J.)
                                    May 5, 2026
                                    SA




Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad