GAUTAMversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 35062 of 2026

Gautam
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                :   Dharmendra Kumar Patel
Counsel for Opposite Party(s)           :   G.A.

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

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

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 135 of 2026, under Sections 303(2), 317(4),
317(5), 317(2), 3(5) BNS, Police Station- Kailadevi, District- Sambhal,
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. Applicant was not named in the FIR. His
named was surfaced during the course of investigation in the confession
statement of co-accused. The present FIR pertains to the alleged incident
of theft of electric wire. 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. There is no independent
witness of the said recovery. Nothing incriminating has been recovered
from the possession of the applicant. Co-accused of the applicant namely
Pushpendra, Arshad and Anand Shukla have already enlarged on bail by
this Court vide orders dated 25.9.2026, 25.9.2026 and 29.9.2026 passed in
Criminal Misc. Bail Application Nos. 34266 of 2026, 34276 of 2026 and
34709 of 2026, respectively. Except the present case, the applicant is not
having any other criminal history and he is languishing in jail since
1.9.2026. It is also submitted that the applicant undertakes that he will not
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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
the trial.

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

Let applicant, Gautam 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
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                                    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.)
                                    October 1, 2026
                                    Brijesh




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