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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34125 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.127 of 2026, under Sections 115(2), 352, 351(2), 309(4), 317(2), 109 BNS, Police Station Chandauli, District Chandauli. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. It is further contended that general and omnibus allegations have been levelled in the FIR. In the present case, both sides have received injuries and there is a cross version of the incident. From the side of the informant three persons, namely, Chandan, Rakesh and Karan Saini received injuries on their persons. The injuries of Rakesh and Karan are simple in nature. However, injured Chandan sustained a fracture on his head. It is not made clear as to who was the author of the head injury. From the side of the applicant, co-accused Kanhaiya Biyar sustained serious injuries on his person. As per his C.T. Scan report, undisplaced fracture was noted on the left frontal bone. It is yet to be decided by the trial court as to which party was aggressor in the incident. It is next submitted that the co- Versus Counsel for Applicant(s) : Sudarshan Singh Counsel for Opposite Party(s) : Abhishek Kumar Kushwaha, Arvind Kumar Kushwaha, G.A., Shweta Kesarwani Guddu Biyar .....Applicant(s) State of U.P. .....Opposite Party(s)
accused Bablu Biyar and Baldau Biyar, have already been granted bail by this Court vide order dated 18.08.2026. passed in Criminal Misc. Bail Application No.20890 of 2026. The applicant has no other criminal history. The charge-sheet has been submitted in the matter.The applicant have been languishing in jail since 01.04.2026 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of 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 -Guddu Biyar 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. BAIL No. 34125 of 2026 2
(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. October 1, 2026 S.K.
BAIL No. 34125 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad