Bail granted — second application. The High Court of Judicature at Allahabad (Hon'ble Ajay Bhanot, J.; Order Date 8.4.2025) allowed Criminal Misc. Bail Application No. 5580 of 2025 of Shubham Jaiswal seeking enlargement on bail in Case Crime No. 30 of 2024, Police Station Rail Bazar, District Kanpur Nagar, under Sections 302, 34 IPC; his first bail application had been rejected by the same Court on 19.12.2024 and he had been in jail since 29.02.2024. The incident occurred on 28.02.2024 at about 3:30 AM; the FIR was lodged the same day at 6:31 AM by the brother of the deceased, who was assaulted with brick, stone and iron rod by Affan and two or three accomplices and declared dead on arrival at hospital. The grant turned on arguments of counsel (Shri Ankit Kumar Singh) which learned AGA Shri Ranjit Sagar could not satisfactorily refute from the record: the applicant was not named in the FIR and was not nominated in the inquest report drawn up on 28.02.2024 in the presence of the deceased's family; although Mubarak dialed police emergency number 112 immediately after the incident and the family members were present when police reached the site, the applicant was not named, and his subsequent nomination by Mubarak in a belated police statement, together with his implication by Chand @ Mohd. Irfan who was subsequently set up as an eye witness, were urged to be unreliable afterthoughts at the instigation of inimical parties; it was further urged that the applicant's role was distinguishable from the other co-accused, that he had no criminal history apart from this case, and that he was not a flight risk and would cooperate. Release was ordered on a personal bond and two sureties each in the like amount to the satisfaction of the court below, with conditions against tampering with evidence or influencing witnesses and requiring appearance before the trial court on fixed dates; the trial court was additionally directed to fix the sureties after due application of mind in light of this Court's judgment in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) and to ensure that the right of bail is not frustrated by arbitrary demands of sureties or onerous conditions unrelated to the applicant's socioeconomic status.
