HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34560 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and the learned A.G.A. for the State of U.P. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 300 of 2026, under Sections 109(1), 115(2), 191(2), 351(3), 352 of B.N.S., Police Station- Kotwali, District- Ballia. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The F.I.R. was lodged against the applicant and co-accused Pawan Chaubey and five-six unknown persons on 31.07.2026, in respect of alleged incident dated 27.07.2026. General and omnibus allegations have been levelled against the applicant and other co-accused. It is next submitted that the delay of four days in lodging the F.I.R. has not been satisfactorily explained. As per the injury report of injured, he sustained a sharp forced injury on back of neck, however, when statement of the injured was recorded he did not specify as to who was author of the said injury. As per X-ray report, nothing abnormality was detected. There is no supplementary medical report of the injured. It is nowhere alleged by the prosecution that the injuries were grievous in nature or dangerous to life. It is further contended that no offence as alleged under Section 109(1) of B.N.S. is made out against the present applicant. The criminal history of one case of the applicant has been explained in paragraph Versus Counsel for Applicant(s) : Dinesh Kumar Gupta, Raghawendra Singh Counsel for Opposite Party(s) : G.A. Golu Patel @ Beer Bajarangi Patel .....Applicant(s) State of U.P. .....Opposite Party(s) no. 5 of the supplementary affidavit dated 27.09.2026. Learned counsel for applicant further submits that applicant has been languishing in jail since 02.08.2026 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that there is ample evidence against the applicant regarding his involvement in the offence, therefore, he is not entitled to be released on bail. 6. I have considered the rival submissions of the parties and perused the record. 7. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicant, explanation of criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds that the applicant has made out a case for grant of bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Golu Patel @ Beer Bajarangi Patel who is involved in the aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/ 269 B.N.S. (iii) In case, the applicant misuses the liberty of bail during trial and in order BAIL No. 34560 of 2026 2 to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 28, 2026 A.P. Pandey BAIL No. 34560 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad