SUDHIRversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33533 of 2026

Sudhir
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Akhand Pratap Singh, Shobhit Yadav
Counsel for Opposite Party(s) : G.A.

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

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

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 139 of 2026, under Sections 309(4), 317(3) BNS,
Police Station- Pailani, District- Banda, during pendency of the trial in the
court below.

3. 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. 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 applicant is
not named in the FIR. His name has surfaced during course of investigation
in the confessional statement of co-accused Ravi Prakash Vishwakarma,
who has already been granted bail by this Bench vide order dated 11.09.2026
passed in Crl. Misc. Bail Application No. 31150 of 2026. He further
submitted that after completing investigation, the investigating officer has
submitted charge sheet against the applicant and other accused persons under
the aforesaid sections. He next submitted that the applicant is languishing in
jail since 06.07.2026. 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.
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4. The prayer for bail has been vehemently opposed by learned A.G.A.

5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of 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 the trial.

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

7. Let applicant, Sudhir 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.

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

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

10. 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
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                                    said observations shall have no bearing on the merits of the case during trial.



                                                                                         (Jai Prakash Tiwari,J.)
                                    September 21, 2026
                                    v.k. updh.




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