HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34559 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. 89 of 2026, under Sections 109, 191(2), 191(3), 115(2), 352, 351(3) of B.N.S., Police Station- Barhalganj, District- Gorakhpur. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further contended that the F.I.R. has been lodged against the five named persons including the accused-applicant on 25.02.2026 by the injured/informant with the allegation that the informant is in the business of running of DJ. There was an old enmity between the informant and the accused persons, which led to the assault on him. Further submits that there was the specific role of opening fire on the co-accused Abhishek Nishad and there is no gun shot injury. The subsequent allegation is that the co-accused Abhishek Nishad has assaulted the injured with butt of the country made pistol. There are nine injuries including two complaints of pain, which are simple in nature, except the one fracture on occipital region of skull. Further submits that except the country made pistol, there is the use of iron rod. Further submits that no specific role has been attributed on the Versus Counsel for Applicant(s) : Akash Kumar Nishad, Ashutosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Gaarad Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) accused-applicant. The charge sheet is submitted. The criminal history of two cases of the applicant has been well explained in paragraph no. 3 of the supplementary affidavit dated 26.09.2026. It is further submitted that co- accused Ramsaran Nishad has been granted bail by a co-ordinate Bench of this Court vide order dated 07.08.2026 passed in Crl. Misc. Bail Application No. 26506 of 2026. Learned counsel for applicant further submits that applicant has been languishing in jail since 20.08.2026 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- Gaarad Nishad 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 BAIL No. 34559 of 2026 2 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 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. 34559 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad