JAINULversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16734 of 2026

Jainul
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Devesh Kumar Shukla
Counsel for Opposite Party(s)               :   G.A.

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

1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant, Sri
DPS Chauhan, 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. 442 of 2025, Under Sections 103(1),
238, 3(5) B.N.S., Police Station-Najibabad, District-Bijnor, during the
pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR. Subsequently, in the confessional statement of the
named accused, Rafeeq, the name of the applicant surfaced as one of his
accomplices along with co-accused Arshad and Arif; however, there is no
incriminating material against the applicant except recovery of one scarf
which itself belongs to the applicant.

4. It is further submitted that co-accused Saleem, has already been
released on bail by a coordinate Bench of this Court in Criminal Misc.
Bail Application No. 14210 of 2026 vide order dated 06.05.2026.
Therefore, the applicant having an identical role, 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 is
languishing in jail since 06.04.2026. 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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5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.

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 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. Accordingly, the present
application is allowed.

7. Let the applicant- Jainul, 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.
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                                    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 and Aadhaar card of the applicant as
                                    well as sureties should be verified by the court concerned.

                                    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, Bijnor 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 18, 2026
                                    SA




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