Kavi Chandra vs State of U.P.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.463 of 2025, under Sections 103(1), 190, 191(2), 191(3) BNS, Police Station- Gagaha, District Gorakhpur.

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Contention of learned counsel for the applicant is that the applicant was not named in the FIR, wherein allegation has been made that father of the first informant, who went out on 15.08.2025 but did not return till 7.00 a.m. on 16.08.2025. Subsequently, informant received information that deceased the had been murdered by some unknown persons of village Thathauli. He further submitted that the name of the applicant surfaced in the statement of Charanjeet Yadav, wherein, he made allegation that several villagers including the present applicant were beating the deceased in the night of 16.08.2025 which resulted in death of the deceased. He further submitted that police also obtained a CCTV footage wherein the applicant was not found, therefore, the applicant was falsely implicated. It is further contended that co-accused Ashutosh Kumar, Shivchand and Pradeep Kumar, having similar role to the applicant, have been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 2115 of 2026, 3297 of 2026, 1247 of 2026 vide order dated 21.01.2026, 06.02.2026 and 27.01.2026 respectively. Therefore, the applicant is entitled to be released on bail on the ground of parity. It is lastly submitted that charge sheet has been filed by the

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BAIL No. 10187 of 2026

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police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 18.08.2025. 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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On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact.

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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 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 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.

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Let the applicant- Kavi Chandra 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

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BAIL No. 10187 of 2026

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verified by the court concerned before the bonds are accepted.

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Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned.

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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 ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via 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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April 20, 2026 A.Kr.

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(Arun Kumar Singh Deshwal,J.)

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

Kavi Chandra v. State of U.P.

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Kavi Chandra v. State of U.P.

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