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2026 DAILYLAW 11238 (ALL)

IRSHAD v. STATE OF U.P.

BAIL/28057/2026 · 2026-09-28

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28057 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Ravi Pandey, learned counsel for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Irshad to enlarge him on bail in Case Crime No. 145 of 2026, under Sections 109(1), 333 BNS, P.S.- Chandaus, District- Aligarh, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in F.I.R. dated 11.06.2026 lodged belatedly for the incident occurred in the night of 09.06.2026, wherein the brother of accused-applicant has lodged the F.I.R. against the accused-applicant that he came to his house and assaulted the informant's wife Shabroon while she was all alone in the house and was sleeping on the roof. The assault was made by the bricks. Further contended that it is delayed F.I.R. with no explanation. The injured suffered three injuries, out of which, one is fatal in nature. There is recovery of bricks at the instance of accused-applicant in absence of independent witness. There is no motive attributed on the accused-applicant for the said injuries. The charge sheet is submitted. The applicant has no criminal history. The applicant is in jail since 11.06.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Ravi Pandey Counsel for Opposite Party(s) : G.A. Irshad .....Applicant(s) State of U.P. .....Opposite Party(s) 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered that the nature and number of injuries and the charge sheet is submitted. 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 Shivangi BAIL No. 28057 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad