MANGAL SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28056 of 2026

Mangal Singh
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                     :   Abhishek Narayan
Counsel for Opposite Party(s)                :   G.A.

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

Supplementary affidavit filed on behalf of applicant is taken on record.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 34 of 2026, under Sections 305(e), 317(2) BNS,
Police Station- Girar, District- Lalitpur, during pendency of the trial in
the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR has been lodged by Head
Constable Prakash Chand. It is alleged in the FIR that the applicant, who
was posted as Home Guard, has allegedly stolen the service revolver of
the informant. It is next submitted that applicant is having no concern
with the allegations levelled against him and he has not committed any
offence as alleged by prosecution. It is next submitted that a false recovery
has been shown on the pointing out of the applicant. There is no independent
witness of the alleged recovery. Criminal history of the applicant has been
explained in the supplementary affidavit. The applicant is languishing in
jail since 17.6.2026. It is also submitted that the applicant undertakes that
he will not misuse the liberty, if granted. It has also been pointed out that
in the wake of heavy pendency of cases in the Court, there is no
likelihood of any early conclusion of trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
                                                                                            BAIL No. 28056 of 2026
                                                                    2


                                    the trial.

                                    Accordingly, without expressing any opinion on the merits of the case,
                                    the instant bail application is allowed.

                                    Let applicant, Mangal Singh be released on bail in the aforesaid case on
                                    his executing a personal bond and furnishing two sureties each in the like
                                    amount to the satisfaction of the court concerned subject to the following
                                    conditions:-

                                    (i). The applicant will not tamper with the evidence during the trial.

                                    (ii). The applicant will not pressurize/ intimidate the prosecution witness.

                                    (iii). The applicant will appear before the trial court on the date fixed,
                                    unless personal presence is exempted.

                                    (iv). The applicant shall not commit an offence similar to the offence of
                                    which he is accused, or suspected, of the commission of which he is
                                    suspected.

                                    (v). 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.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    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
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad