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2026 DAILYLAW 12088 (ALL)

RASHID @ SHOLA @ SOLAHA v. STATE OF U.P.

BAIL/33612/2026 · 2026-10-06

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33612 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Akash Tyagi, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Rashid @ Shola @ Solaha to enlarge him on bail in Case Crime No. 78 of 2026, under Sections 317(2), 123, 303(2), 318(2) of BNS, P.S.- Khatauli, District- Muzaffar Nagar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated during investigation in FIR dated 24.03.2026 lodged by Navin the informant against anonymous person for the incident dated 11.02.2026 alleging therein that a person has caused hurt to him by means of poison and robbed him of his belongings. It is the contention of learned counsel that police by way of Trinetra App has found the involvement of accused applicant and therefore charge sheeted. It is further contended that there is no test identification parade carried out by Investigating Officer. The recovery shown from the person of accused is in absence of independent witness. The applicant has criminal history of 16 cases wherein all cases he is on bail. The bail orders of 15 cases is on record and could not get one bail order. The accused applicant is languishing in jail since 22.06.2026. 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) : Akash Tyagi, Neha Tyagi Counsel for Opposite Party(s) : G.A. Rashid @ Shola @ Solaha .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties and perused the record. 6. Considering that the accused applicant has been arrested on the basis of Trinetra App without test identification parade and the recovery is made in the absence of independent witness, 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. October 7, 2026 Sharad/- BAIL No. 33612 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad