Abhi Khatri Alias Abhishek Vs State of U.P.

Heard Sri Madan Singh, learned counsel for the applicant, Sri Mahendra Kumar Singh Chauhan, learned counsel for the first informant and Sri Anand Pratap Singh, learned A.G.A. for the State.

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This application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 1184 of 2025, under Sections 103(1), 190, 191(2), 191(3) BNS, Police Station- Majhola, District Moradabad.

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Contention of learned counsel for the applicant is that as per the prosecution story, co-accused Mayank came to the house of the first informant and took away the deceased for some work with the assurance that he will return after sometime. Thereafter, the uncle of the deceased, Jagatpal informed the first informant that the accused has killed the deceased. It is further submitted that from bare perusal of the statement of Jagatpal, it is clear that he was not the eye witness and no other person had seen the incident in question and he has falsely implicated the applicant only on the ground that he had seen the applicant along with the co-accused running away near the place of incident. It is further submitted that in the statement of the first informant as well as in the statement of Jagatpal, it is clear that the motive has been assigned to co-accused Prashant Saini and applicant has been falsely implicated merely on the basis of apprehension and doubt. There is no recovery of any weapon from the applicant and a country-made pistol has been recovered from the co-accused, Prashant Saini. The cause of death shows that it is because of the firearm injury. He further submitted that co-accused Mohan, Yash Saini and Bheem Sain having similar role to that of the applicant, have been enlarged on bail by this Court in Criminal Misc. Bail Application No.10320 of 2026, 8812 of 2026 and 7335 of 2026 vide order dated 26.03.2026, 16.03.2026 and 26.02.2026 respectively. 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 two cases 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

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BAIL No. 12310 of 2026

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2

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abiding citizen and he is languishing in jail since 09.12.2025. 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, who have been enlarged on bail by this Court.

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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 coaccused has been enlarged on bail 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- Abhi Khatri @ Abhishek 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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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

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BAIL No. 12310 of 2026

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3

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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

Abhi Khatri Alias Abhishek v. State of U.P.

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Abhi Khatri Alias Abhishek v. State of U.P.

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