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2026 DAILYLAW 11139 (ALL)

HAZARILAL v. STATE OF U.P.

BAIL/33592/2026 · 2026-09-28

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33592 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Balbeer Singh, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Hazarilal to enlarge him on bail in Case Crime No. 347 of 2025, under Sections 115(2), 109(1) BNS, P.S.- Eka, District- Firozabad, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in the FIR dated 23.11.2025 lodged by Sri Rajkumar against the accused/applicant, who is the nephew of the informant with the allegation that in the midnight of 23.11.2025, the accused/applicant entered the house and assaulted the informant's brother Virendra with knife. It is the contention of learned counsel for the accused/applicant that there is explicit delay in lodging the FIR, which is nearly more than 20 hours. Further submits that the medico legal examination report, which is at page no. 40 shows that the sutured wound was examined in the hospital on 24.11.2025 at 03:00 p.m. It is further contended that the accused/applicant was working under the injured and there was some arrears of his salary, which is to be paid. The accused/applicant was demanding his salary as such he has been falsely implicated in this case. There is no explanation for the delay in lodging the FIR and subsequent delay in medical report. The applicant has no criminal history. The charge sheet is submitted. The accused applicant is Versus Counsel for Applicant(s) : Balbeer Singh Counsel for Opposite Party(s) : G.A. Hazarilal .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 25.11.2025. 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. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the apparent delay in lodging the FIR and subsequent medical examination report with delay, 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 29, 2026 Abhishek Sri. BAIL No. 33592 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad