Ajay vs State of U.P.

This application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 366 of 2025, under Sections 109, 115(2), 190, 191(2), 191(3), 271, 352, 351(3) BNS, Police StationBrahmpuri, District Meerut.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He further submitted that co-accused Shiv Kumar @ Bholu having similar role to that of the applicant, has been enlarged on bail by this Court in Criminal Misc. Bail Application No.34632 of 2025 vide order dated 15.10.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He further submitted that the applicant has no criminal history and he is languishing in jail since 18.09.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the parity of the applicant with co-accused Shiv Kumar @ Bholu, who has been enlarged on bail by this Court.

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BAIL No. 34684 of 2025

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Thus, 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 accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

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Let the applicant- Ajay 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:-

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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.

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

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

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

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

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

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It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to

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BAIL No. 34684 of 2025

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ensure early release of the applicant.

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The Registrar (Compliance) of this Court is directed to send a copy of this order to the concerned jail through e-mail or e-prison portal 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 .

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(Arun Kumar Singh Deshwal,J.)

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November 3, 2025 A.Kr.

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

Ajay v. State of U.P.

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Ajay v. State of U.P.

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