RITIKversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 43261 of 2025

Ritik
                                                              .....Applicant(s)
                                    Versus

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

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

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Kapil Tyagi, learned counsel for the applicant and Sri C.S.
Saran, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 564 of 2024, under Sections 103,
351(2), 61(2), 190, 191(2), 191(3) BNS and Section 4/25 Arms Act,
Police Station Sector 63 Noida, District Gautam Buddha Nagar, during
the pendency of the trial.

3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is submitted
that similarly placed co-accused Arjun Chauhan@ Pushpendra has
already been granted bail by a co-ordinate Bench of this Court vide order
dated 14.11.2025 passed in Criminal Misc. Bail Application No. 39979 of
2025. It is further submitted that the death of the deceased took place after
one month and as per post-mortem report of the deceased, cause of death
has been shown as sepsis and its complications consequent upon stab
injuries and all the injuries are ante-mortem injuries. It is further
submitted that from the cause of death as shown, it appears that proper
treatment was not given to the deceased and case does not fall within the
ambit of Section 103 BNS rather it falls under Section 105 BNS. It is also
submitted that the applicant has been languishing in jail since 25.12.2024
and he is having no criminal history. It is also submitted that till date not a
single witness has been examined and he has annexed copy of the order
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sheet of the trial Court, therefore, the trial is not likely to be concluded in
near future. It is lastly submitted that in case the applicant is granted bail,
he will not misuse the liberty of bail and would cooperate in the trial
proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts, however, it is submitted that the
injured in his statement has categorically stated that the applicant and co-
accused persons assaulted him by sharp edged weapon i.e. knife and
cause of death has been shown as ante-mortem injuries due to stab
wound. It is further submitted that statement of the injured is like a dying
declaration.

5. As per the allegation in the FIR, the applicant along with two other co-
accused Piyush and Satyam on exhortation of another co-accused Ruby
assaulted one Mukesh by sharp edged weapon i.e. knife as a result of
which the injured Mukesh received multiple stab wound injuries on his
person and he died after one month of the incident. In the post-mortem
report of the deceased, there are twenty injuries found on the person of the
deceased and the injured in his statement has stated that the applicant and
co-accused Arjun gave him stab wound and some other co-accused also
assaulted him by hard and blunt object and cause of death has been shown
as sepsis and its complications consequent upon stab injuries and all the
injuries are ante-mortem injuries. Similarly placed co-accused Arjun
Chauhan@ Pushpendra has already been granted bail by a co-ordinate
Bench of this Court vide order dated 14.11.2025 passed in Criminal Misc.
Bail Application No. 39979 of 2025. The applicant has been languishing
in jail since 25.12.2024 and he is having no criminal history. It is also
submitted that till date not a single witness has been examined and the
trial is not likely to be concluded in near future.

6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
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reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.

7. Accordingly, the present application is ALLOWED.

8. Let the applicant- Ritik involved in the aforementioned crime be
released on bail, on his 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 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.

(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.

9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.

11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
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                                    12. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or e-prison portal within 24
                                    hours in compliance of the order of the Apex Court in the case of Policy
                                    Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
                                    of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.

                                    13. However, the learned trial Court is directed to expedite the trial of the
                                    case as expeditiously as possible, preferably within a period of one year.



                                                                                    (Jitendra Kumar Sinha,J.)
                                    September 9, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad