BAIL/33863/2026 of SARVESH KUMAR Vs STATE OF U.P. on 29 September 2026

1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 23 of 2026, under Sections 191(2), 115(2), 352, 351(3), 109(1), 333 BNS, Police Station- Saifai, District- Etawah, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to village party bandi. It is next submitted that general allegations have been made against the applicant. No specific role has been assigned against the applicant. It is next submitted that applicant is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. It is next submitted that as per opinion of the doctor, none of the injuries sustained to the injured is dangerous to life. It is next submitted that the co-accused Prince, Atul Kumar and Sunny have already been granted bail by this Court vide orders dated 11.06.2026, 23.06.2026 and 05.08.2026 passed in Criminal Misc. Bail Application Nos.16329 of 2026, 16506 of 2026 and 26119 of 2026. The applicant's case is identical to the co-accused and he is also entitled to bail on the ground of parity. The applicant is in jail since 07.09.2025. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of Versus Counsel for Applicant(s) : Pankaj Kumar Mishra, Saurabh Mishra Counsel for Opposite Party(s) : Alkesh Singh, Ashutosh Shukla, G.A., Sanket Gupta Sarvesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)

bail and is ready to co-operate in the trial.

4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

5. Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

6. Let the applicant -Sarvesh Kumar involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

(i) . The applicant will not tamper with the evidence during the trial.

(ii) . The applicant will not pressurize/ intimidate the prosecution witness.

(iii) . The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) . The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) . 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.

7. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. September 30, 2026 S.K. BAIL No. 33863 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad