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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34832 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Lal Behari Yadav, learned counsel for accused applicant, Sri Neeraj Singh, learned counsel for the informant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Vishnu Singh to enlarge him on bail in Case Crime No. 126 of 2026, under Sections 191(2), 109(1), 115(2), 352, 117(2), 351(3) BNS, P.S.- Khukhundu, District Deoria, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been implicated in the FIR dated 02.06.2026 lodged by the injured Bheem Singh against five named persons including the accused/applicant and some anonymous persons with the allegation that on 01.06.2026 at about 14:30 hrs accused persons with lathi, danda, kulhari, farsa and daav had assaulted the informant and his son Anil. It is further contended that the accused/applicant and informant are of same family. There was dispute as to the partition of property, which led to the implication of accused persons in the case. Further submits that specific role has been assigned to the accused Vishnu Singh that he has inflicted daav ( a sharp edged weapon ) consistently on the head of Anil Singh due to which he suffered fracture on skull bone. It is the contention of learned counsel that there is no recovery of any weapon from the accused/applicant. The charge sheet is submitted. The applicant has no criminal history. The accused applicant is languishing in jail since Versus Counsel for Applicant(s) : Lal Behari Yadav Counsel for Opposite Party(s) : G.A., Neeraj Singh Vishnu Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
03.06.2026. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail and submit that specific role with specific weapon has been assigned to the accused applicant. There are four injuries on the head of the injured Anil, which are fatal to life. The applicant, with whom there was partition dispute as the motive of committing the act. Hence seek that the bail application be rejected. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6.
Considering the injuries sustained by the injured and there is no recovery of incriminating weapon from the accused/applicant, who has no criminal history and charge sheet is submitted, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Abhishek Sri. BAIL No. 34832 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad