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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33751 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Alok Kushwaha, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Abhishek Yadav to enlarge him on bail in Case Crime No. 202 of 2026, under Sections 109(1), 61(2), 3(5) BNS, P.S.- Lar, District- Deoria, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in FIR dated 07.07.2026 lodged by the police with the allegation against six named persons including the accused applicant that the accused applicant has called injured Prakash Yadav in a park where other accused were sitting and using the country made pistol. It is during the testing of opening and closing of the country made pistol that the co-accused Shaurya Yadav had opened fire at Prakash Yadav, who suffered gunshot injury on his neck. It is further contended that there is no specific role assigned to the accused applicant. Only the role is that he has connived with the co-accused in the offence. The accused applicant has no criminal history. Charge sheet is submitted. The accused applicant is languishing in jail since 22.07.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. 5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Alok Kushwaha Counsel for Opposite Party(s) : G.A. Abhishek Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties and perused the record. 6. Considering that the specific role of firing is assigned to the co-accused Shaurya Yadav, 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. 33751 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad