OMVEER AND ANOTHERversusSTATE OF U.P.

           HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 23843 of 2026

Omveer And Another
                                                                      .....Applicant(s)
                                           Versus

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

Counsel for Applicant(s)                    :   Mohd Adil, Tarun Pratap Singh
Counsel for Opposite Party(s)               :   G.A.

Court No. - 70
                      HON'BLE JAI PRAKASH TIWARI, J.

Heard Sri Tarun Pratap Singh, learned counsel for the applicants, learned A.G.A. and
perused the record.

The applicants are involved in Case Crime No. 130 of 2026, under Sections 305,
310(2), 317(3), 61(2) BNS, Police Station -Islam Nagar District Budaun.

As per compliance affidavit filed on behalf of the State, applicant no. 1 Omveer was
died on 24.07.2026 (Annexure No. C.A.-1 to the counter affidavit).

Learned counsel for the applicants has submitted that the applicants are innocent and
have been falsely implicated in the present case. It is next submitted that the applicants
are not named in the FIR. The FIR has been lodged against the unknown persons and
their names came into the light during the course of investigation. It is further
submitted that a false recovery has been shown from the possession of the applicants.
There is no independent public witness of the alleged recovery. Co-accused of the
applicants namely Deepak Manoj, Bhure @ Bhura and Tejpal have been granted bail
by this Court vide order dated 31.8.2026 passed in Criminal Misc. Bail Application
No. 23941 of 2026. There are criminal history of eight cases against the applicant no.
2, which has been explained in para '5' of the supplementary affidavit. The applicant
no. 2 is in jail since 27.05.2026. Therefore, the applicant no. 2- namely Kishanpal
alias Kushanpal is entitled for bail. Learned counsel for the applicants has further
submitted that if the applicant no. 2 is released on bail, the applicant would not misuse
liberty of bail and is ready to co-operate in the trial.

Learned A.G.A. has opposed the prayer for bail but he has not disputed the above
                                                                                                       BAIL No. 23843 of 2026
                                                                         2


                                    contention made by the learned counsel for the accused-applicants.

                                    Considering the facts and circumstances of the case, perusing the record and also
                                    considering the nature of allegations, arguments advanced by the learned counsel for
                                    the parties and without expressing any opinion on the merit of the case, I find it to be a
                                    fit case for granting bail. Accordingly, the bail application is allowed.

                                    Let applicant no. 2 namely Kisanpal alias Kushanpal be released on bail in the
                                    aforesaid case crime number on furnishing a personal bond and two reliable sureties of
                                    the like amount to the satisfaction of the court concerned subject to following
                                    conditions, which are being imposed in the interest of justice:-

                                    (i) The applicant shall appear before the trial court on the dates fixed, unless his
                                    personal presence is exempted.

                                    (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

                                    (iii) The applicants shall not indulge in any criminal and anti-social activity.

                                    In case of breach of any of the above condition, the prosecution will be at liberty to
                                    move an application before this Court for cancellation of the bail of the applicant no.
                                    2.

                                    It is clarified that the observations made herein are limited to the facts brought in by
                                    the parties pertaining to the disposal of bail application and the said observations shall
                                    have no bearing on the merits of the case during trial.




                                                                                                 (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    Brijesh




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