MAHENDRA KUMAR GUPTAversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 15129 of 2026

Mahendra Kumar Gupta
                                                                        .....Applicant(s)
                                         Versus
State of U.P.
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)             :   Mohammad Samnani Ali, Mohd Raghib Ali,
                                         Sr. Advocate
Counsel for Opposite Party(s)        :   G.A.

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

1. Heard Sri Saghir Ahmad, learned Senior Advocate assisted by Sri Mohd Raghib
Ali, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for
the State and perused the record.

2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 18 of 2026, under Section 103(1) BNS, Police
Station- Sumerpur, District Hamirpur.

3. As per prosecution story, the applicant along with co-accused Akash Kumar, Bhola
Prasad and Vishnu came to his house at 8.00 p.m. on 14.01.2026 and taken away his
son Sumit. After some time, Vishnu came to his house and informed that the deceased
and Ravi Kiran Nishad @ Bhullar were quarreling. Thereafter the first informant
along with his son Vinod reached on the spot and found that one of the co-accused
Ravi Kiran Nishad @ Bhullar had hit the deceased with wheel spanner (tyre panna)
which resulted into falling down the deceased. Then, they took the deceased to
Government Hospital, Sumerpur where doctor declared him dead.

4. Learned counsel for the applicant has submitted that Medical Officer, Primary
Health Centre, Sumerpur, in his letter dated 14.01.2026, sent to SHO concerned police
station clearly mentioned that the present applicant along with Akash Kumar brought
Sumit at Primary Health Centre but he was died. It is further submitted that even from
the statements of first informant as well as his son Vinod, it is clear that there is
specific allegation against co-accused Ravi Kiran Nishad @ Bhullar for hitting the
deceased with wheel spanner which resulted in his death and no role has been
assigned to the applicant in beating the deceased or causing any injury. It is further
submitted that there is no incriminating material against the applicant even then he has
been falsely implicated. He further submitted that co-accused Akash Kumar @ Bhola
Prasad @ Bhola Khangar having similar role to that of the applicant, has been
enlarged on bail by this Court in Criminal Misc. Bail Application No.13101 of 2026
vide order dated 21.04.2026. Therefore, the applicant is also entitled to be released on
                                                                 BAIL No. 15129 of 2026
                                    2

bail on the ground of parity. It is lastly submitted that charge sheet has been filed by
the police, therefore, there is no requirement for custodial interrogation. The applicant
has no criminal history and he is languishing in jail since 18.01.2026. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.

5. Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not
dispute the parity of the applicant with co-accused Akash Kumar @ Bhola Prasad @
Bhola Khangar, who has been enlarged on bail by this Court.

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

7. Let the applicant- Mahendra Kumar Gupta 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.

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

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

10. Verification of mobile number as well as Aadhaar Card of the applicant and
sureties should also be conducted by the court concerned.
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                                    11. 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.

                                    12. 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.

                                    13. Office is directed to send a copy of this order to the applicant through Hamirpur
                                    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 5, 2026
                                    A.Kr.
                                                                                         (Arun Kumar Singh Deshwal,J.)




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