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2026 DAILYLAW 11602 (ALL)

VIKRAM v. STATE OF U.P.

BAIL/34749/2026 · 2026-09-29

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34749 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Jainendra Kumar 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 Vikram to enlarge him on bail in Case Crime No. 262 of 2026, under Sections 109(1), 351(3), 352, 3(5) BNS, P.S.- Jewar, District- Gautam Buddh Nagar, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused has been falsely implicated in F.I.R. dated 20.07.2026 lodged belatedly for the incident of 19.07.2026, wherein the F.I.R. is against four persons including the accused-applicant lodged by the informant Mukesh with the allegation that the accused persons came to his son and co- accused Jhamman has opened fire on his son Lakhan, who suffered one gun shot injury on the back of his neck. Further contended that the accused-applicant has lodged the F.I.R. against Lakhan and his family members prior to the incident, which was the reason for false implication of accused in the present case, as he was shown present at the spot, when co-accused Jhamman has opened fire. There is no recovery of weapon from the accused. The applicant has one case criminal history, wherein he is on bail. The investigation is continuing. He is cooperating in the investigation. The applicant is in jail since 21.07.2026 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 Versus Counsel for Applicant(s) : Jainendra Kumar Pandey Counsel for Opposite Party(s) : G.A. Vikram .....Applicant(s) State of U.P. .....Opposite Party(s) applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered the role attributed on the accused-applicant that he was present along with the weapon, though no overt act has been attributed on him. 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 Shivangi BAIL No. 34749 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad