Amit vs State Of U.P.

1. Heard Sri Bhanu Prakash Verma, learned counsel for the applicant, Sri Vinay Kumar Pandey, learned counsel for the first informant, Sri Rakesh Kumar Mishra, 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.701 of 2025, under Sections-191(2), 191(3), 109(1), 103(1), 115(2), 352 of BNS, and Section 3/25/27 of Arms Act, Police Station-Jait, District-Mathura, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that from the perusal of the FIR as well as statement of the injured, specific allegation of causing firearm injury to the deceased Radhkrishnan has been assigned to Yogesh and Rahul. It is further submitted that the postmortem report of the deceased, Radhakrishnan shows that he received only one firearm injury that has been assigned to Yogesh and Rahul. It is further submitted that applicant has been assigned the role of causing assault to the injured with danda with other co-accused persons. All injuries are simple in nature. It is further submitted that the applicant has explained the criminal history of one case in the accompanying affidavit. It is further submitted that co-accused Naresh has already been released on bail by this Court in Criminal Misc. Bail Application No. 9499 of 2026 vide order dated 10.04.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. 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 29.12.2025. 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 counsel for the first informant as well as learned A.G.A. for the State have 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 taking into account the fact that similarly situated co-accused has been enlarged on bail 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., 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. Accordingly, the present application is allowed.

6. Let the applicant- Amit, 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 Jail Superintendent, Mathura 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.

(Arun Kumar Singh Deshwal,J.)

May 7, 2026

SA