Anis vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15312 of 2026

Anis

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Shakti Dubey, Vinay	Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.

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Court No. - 67

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 26 of 2026, under Section- 103(1) B.N.S., Police Station- Alhaganj, District- Shahjahanpur, during the pendency of the trial.

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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 the son of the first informant left the house in the night of 30.01.2026. Subsequently, his dead body was found in the Panchayat Bhawan and allegation has been made that some unknown person has committed the murder of the deceased (son of the first informant). It is further submitted that after lodging the FIR, the first informant made allegation against the applicant in his statement recorded under Section 180 B.N.S.S. that on the fateful day the applicant had come to his house and the deceased had accompanied the applicant. Thereafter, the police arrested the applicant and, on his pointing out, one ‘danda’ is alleged to have been recovered from an open place. It is further submitted that if the applicant had gone to the house of the first informant, this fact would have been mentioned in the FIR, and the applicant has been falsely implicated merely on the basis of apprehension and doubt. The alleged recovery of ‘danda’ does not

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BAIL No. 15312 of 2026

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contain any bloodstain. It is further submitted that the applicant has no criminal history. 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 31.01.2026. 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. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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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 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.

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Let the applicant- Anis, 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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BAIL No. 15312 of 2026

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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 and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.

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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.

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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.

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Office is directed to send a copy of this order to the applicant through Jail Superintendent, Shahjahanpur 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.

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(Arun Kumar Singh Deshwal,J.)

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May 6, 2026 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Anis v. State of U.P.

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Anis v. State of U.P.

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