DHEERAJ KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 33330 of 2026

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

Counsel for Applicant(s)                    :   Ishwar Chandra Tyagi
Counsel for Opposite Party(s)               :   G.A.

Court No. - 65
                      HON'BLE SAMEER JAIN, J.

1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri
Manoj Kumar Singh, learned AGA for the State-respondent.

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 36 of 2026, under Sections 103(1), 3(5), 351(3) BNS
and 4/25 Arms Act, Police Station Amroha Dehat, District Amroha, during
pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that however applicant is
named in the FIR alongwith four others but admittedly informant of the case
was not the eye witness.

4. He further submitted that however during investigation Investigating
Officer recorded the statements of some witnesses and they also stated
against the applicant and his brother Neeraj but even from their statements it
reflect, they were not the eye witnesses.

5. He further submitted that actually it appears to be a case of blind murder
and it reflects, nobody could see the real incident and due to previous enmity
applicant has been made accused alongwith his brother.

6. He further submitted that with a very detailed order co-accused Neeraj has
been released on bail by the co-ordinate bench of this Court and his bail
order has been annexed at page 68 of the paper book and case of applicant is
at par with him.

7. He further submitted that as per prosecution when applicant was arrested
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then on his pointing out one knife was recovered which was allegedly used
in the instant crime but entire recovery is false and planted one and even till
date alleged recovered knife could not be connected with the instant crime.

8. He further submitted that applicant is having no criminal history and he is
in jail in the present matter since 5.2.2026 i.e. for last seven and half
months.

9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the arguments on facts advanced by learned counsel for the applicant.

10. I have heard learned counsel for the parties and perused the record of the
case.

11. Further, however, as per prosecution applicant and co-accused Neeraj by
inflicting knife injury committed the murder but from the material available
on record it reflects, none of the witnesses could see the real incident.

12. Further, co-accused Neraj has been released on bail by the co-ordinate
Bench of this Court and case of applicant is at par with him.

13. However, as per prosecution on the pointing out of the applicant one
knife was recovered which was allegedly used in the instant crime but
alleged recovery has been made from an open place which was accessible to
all and till date alleged recovered knife could not be connected with the
instant crime.

14. Further, applicant is having no previous criminal history and he is in jail
in the present matter since 5.2.2026 i.e. for last seven and half months.

15. Therefore, considering the facts and circumstances of the case, discussed
above, in my view, applicant is entitled to be released on bail.

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

17. Let the applicant-Dheeraj Kumar, be released on bail in the aforesaid
case on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.
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                                    (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 applicant shall not indulge in any criminal and anti-social activity.

                                    18. 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.

                                    19. 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.

                                    September 18, 2026
                                    Ankita
                                                                                                  (Sameer Jain,J.)




Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad