Aman Alias Kishan Vishvakarma vs State Of U.P.

1. Heard Sri Rajiv Chaudhary, learned counsel for the applicant, Sri Himanshu Kumar, 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.181 of 2022, under Section-302, 394, 411, 120B, 34 IPC, Police Station-Lanka, District-Varanasi, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently, the applicant and co-accused Aditya were arrested during investigation and on pointing out of the co-accused Aditya, blood stained brick was recovered and blood stained hammer was recovered on pointing out of the present applicant and subsequently, the jewellery was also shown to be recovered from the joint declaration of the applicant as well as the co-accused Aditya. The aforesaid jewellery was allegedly identified by the PW-1. However, PW-1 in his statement before the court clearly denied of having identified any jewellery recovered by the police. It is further submitted that the applicant is in jail since 2022 and out of 37 witnesses, only 2 witnesses have been examined before the trial court. Therefore, right to speedy trial of the applicant has been infringed. Therefore, in view of the latest judgement of the Apex Court in the case of Sahil Manoj Machare Vs. State of Maharashtra in SLP (Crl.) No.7502 of 2026, applicant is entitled to be released on bail. It is further submitted that even otherwise the co-accused Aditya, who is also on similar footing as of the applicant has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.20223 of 2025 vide order dated 18.06.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained the criminal history of one case in the accompanying affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 01.09.2022. In case, he 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.

5. 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 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.

6. Let the applicant- Aman alias Kishan Vishvakarma, 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.

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

8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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.

12. Office is directed to send a copy of this order to the applicant through Varanasi 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. The trial court is directed to conclude the trial, as expeditiously as possible, if required, by using video conferencing facility for the appearance of witnesses.

(Arun Kumar Singh Deshwal,J.)

May 6, 2026

S.C.