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2026 DAILYLAW 11767 (ALL)

MANISH v. STATE OF U.P.

BAIL/34829/2026 · 2026-09-29

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34829 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Surendra Narayan Mishra, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Manish to enlarge him on bail in Case Crime No. 538 of 2026, under Sections 109(1), 351(3), 3(5) BNS, P.S.- Majhola, District- Moradabad, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the FIR has been lodged on 02.06.2026 by the father of injured with the allegation against six named persons including the accused/applicant that on 01.06.2026 at 20:40 hrs., the accused persons have surrounded his son and his friend Aryan Chaudhary with whom they were having some money related dispute. The applicant has been shown the role that he along with other co-accused had surrounded the injured and open fired on him. It is contended by learned counsel that initially general role is assigned to all the accused/applicant for firing. Later on, in the statement of injured Vivek Kumar there is specific role on co-accused Varun that he has open fired on Vivek Kumar on exhortation of other accused persons. The injured Vivek Kumar suffered one gun shot injury. The applicant has criminal history of three cases wherein all the cases he is on bail. The charge sheet is submitted. The accused applicant is languishing in jail since 05.06.2026. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have Versus Counsel for Applicant(s) : Surendra Narayan Mishra Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State of U.P. .....Opposite Party(s) 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 role of exhortation assigned to the accused/applicant, wherein there is single shot and single injury suffered by the injured, which is attributed to co-accused, 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 30, 2026 Abhishek Sri. BAIL No. 34829 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad