Raghav Singh @ Arya Gautam v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34595 of 2026

Court No. - 68 (Sr. No.28 out of 190) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Yogendra Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.75 of 2026, under Sections 309(4), 333, 317(2) BNS and Sections 9(1)(A)(1)/25(2) of Arms Act, Police Station Badausa, District Banda, during the pendency of trial.

¶4This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 21.7.2026 in Criminal Misc. Bail Application No.24707 of 2026 and the following order was passed:- "1. List has been revised.

¶2Heard Sri Yogendra Singh, learned counsel for applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State.

¶3The present bail application has been filed by the applicant in Case Crime No.75 of 2026, under Sections 309(4), 333, 317(2) BNS, Sections 9(1)(A)(1)/25(2) of Arms Act, Police Station Badausa, District Banda with the prayer to enlarge him on bail.

¶4At the very outset, learned A.G.A. has pointed out that criminal history Versus Counsel for Applicant(s) : Yogendra Singh Counsel for Opposite Party(s) : G.A. Raghav Singh @ Arya Gautam .....Applicant(s) State of U.P. .....Opposite Party(s) of the applicant has not been properly explained.

¶5Learned counsel for the applicant has stated that the criminal history of five cases assigned to the applicant has been explained except Case Crime No.246 of 2024, U/s 352, 351(2), 333 BNS and 3(2)5A SC/ST Act, Police Station-Bisanda, District Banda, which has nothing to do with the applicant as he has not received any information by the police or learned trial court about this case.

¶6On the other hand, learned A.G.A. has stated that no order has been appended regarding Case Crime No.Case Crime No.246 of 2024, U/s 352, 351(2), 333 BNS and 3(2)5A SC/ST Act, Police Station-Bisanda, District Banda.

¶7Taking into consideration that criminal history assigned to the applicant has not been properly explained and even there is no order regarding Case Crime No.246 of 2024 appended to the bail application, I do not find it a fit case for grant of bail to the applicant. The instant bail application is found devoid of merits and is, accordingly, rejected.

¶8However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in accordance with law, without granting unnecessary adjournment to either party, if there is no legal impediment.

¶9It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial."

¶5Learned counsel for the applicant has stated that the first bail application of the applicant was rejected only on account of non-explanation of criminal antecedents of the applicant. All the criminal history assigned to the applicant has now been explained in para-12 of the affidavit filed in support of present bail application. It is further argued that applicant is not named in the FIR and his name surfaced in the confessional statement of co-accused persons, which has no evidentiary value in the eyes of law. As such, he is entitled to bail. The applicant is languishing in jail since 15.5.2026, and he is ready to cooperate with trial. In case, the applicant is released on bail, he BAIL No. 34595 of 2026 will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that applicant has been implicated in the case merely on the basis of confessional statement of co-accused persons coupled with the fact that criminal history assigned to the applicant stands explained, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Raghav Singh @ Arya Gautam, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶9Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 6, 2026 Vikas Verma BAIL No. 34595 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad