Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28050 of 2026 Court No. - 18 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party. 2. The present second bail application has been filed by the applicant under Section 483 BNSS to enlarge him on bail in Crime No. 313 of 2025, under Sections 191(2), 191(3), 352, 3(5), 109(1) BNS, Police Station- Pakabra, District- Moradabad. The first bail application was rejected vide order dated 28.03.2026 passed in Criminal Misc. Bail Application No. 6266 of 2026. 3. Learned counsel for accused-applicant, while pressing this bail application has raised new ground on which the applicant is seeking to enlarge the applicant on bail through this application is that out of fourteen witnesses only five prosecution witnesses have been examined till date. He further submits that the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. The accused-applicant is languishing in jail in this matter since 5.11.2025, without having any criminal antecedents and there is no likelihood that, the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for bail of the applicant on the ground that, the injuries caused by the applicant are grievous in nature and having regard to the manner, in which the crime has been committed, the applicant is not entitled to be released on bail. Learned A.G.A. Versus Counsel for Applicant(s) : Damodar Pandey Counsel for Opposite Party(s) : G.A. Yogesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
submitted that the applicant also approached the Hon'ble Supreme Court for seeking the relief of granting the bail in SLP (Criminal) No. 8443 of 2020, however the said SLP (Criminal) was withdrawn by the applicant/accused. 5. Having heard learned counsel for the parties and having perused the record, it is evident that, applicant was named in the first information report of this case and allegation of causing grievous injuries to the injured have been levelled against him in the first information report.
In the CT Scan report of the injured prepared by Cosmos Hospital, it has been stated that Fractures of partially imaged lateral and postero- medial walls of left orbit and also it has been stated in the X-ray pelvis with both hip joint that, there appears fracture of right inferior public ramus and there also appears fracture of right SI Joint and the doctor is of the opinion that, the injuries caused to the head and pelvis are grievous in nature. The learned counsel for the applicant has failed to make out any new ground to enlarge the applicant on bail during the pendency of trial. Thus, having regard to the evidence available on record against the applicant and his complicity in the crime, I do not find any good ground to release the applicant on bail. Thus the bail application moved on behalf of applicant - Yogesh Kumar is hereby rejected. 6. Observations made herein-above by this court, are only for the purpose of disposal of this bail application and shall not be construed as an expression of this court on the merits of the case. September 25, 2026 Prashant D.
BAIL No. 28050 of 2026 2 (Harvir Singh,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad