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2026 DAILYLAW 1179 (ALL)

SARTAZ AND 2 OTHERS v. STATE OF U.P.

BAIL/10853/2026 · 2026-04-22

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10853 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicants, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused-applicants/ Sartaz, Farukh and Samedin, for grant of bail, in Case Crime No. 15 of 2026, under Sections 109(1), 118(1), 115(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station Hafizpur, District Hapur, during pendency of trial. 3. Learned counsel for accused-applicants, while pressing the bail application, submits that, the accused-applicants have been falsely implicated in the instant case and they have not committed any offence, as alleged by the prosecution. It is further submitted by learned counsel for the applicants that, general allegations of physical assault with the help of lathi danda have been levelled against the applicants in the first information report of this case and consequent to the alleged incident, injuries have been caused to the injured persons, namely, Junaid, Tajkar and Mursleen. Learned counsel for the applicants further submits that, injured were medically examined at District Combined Hospital, Hapur, wherein 7 injuries have been shown against the injured Mursleen, 4 injuries have been shown against the injured Tajkar and 4 injuries against injured Junaid. However, all the injuries are simple in nature. Learned counsel for the applicants further submits that, the accused-applicants are languishing in jail in this matter, since 22.2.2026, without having any criminal antecedents and there is no likelihood that, the accused-applicants, after release on bail, may flee from the process of law or will misuse the liberty of bail. 4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail of the applicants on the ground that, as per supplementary medical report of the injured Tajkar, fracture is found in his right parietal bone and injury is Versus Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh Counsel for Opposite Party(s) : G.A. Sartaz And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) shown as grievous in nature, therefore, having regard to the manner, in which the crime has been committed, the applicants are not entitled to be released on bail. 5. 5. Having considered the rival contentions of the parties, gravity of offence, injuries caused to the injured persons and having regard to the evidence available on record against the applicants and their complicity in the crime, I do not find any good ground to release the applicants on bail. Hence, the bail application moved on behalf of applicants - Sartaz, Farukh and Samedin, is hereby rejected. 6. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 23, 2026 Gurpreet Singh BAIL No. 10853 of 2026 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad