Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5422 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, 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- applicant/ Kunal for grant of bail, in Case Crime No. 21 of 2026, under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109(1) BNS, 2023, Police Station Partapur, District Meerut, during pendency of trial. 3. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and he has not committed any offence, as alleged by the prosecution. There are cross versions of first information reports from both the sides pertaining to same incident but it is not ascertain, as to who was the aggressor of the alleged incident. It has further been submitted that co-accused namely, Mohit and Ashok Devid @ Sagar have already been granted bail by this Court vide orders dated 02.4.2026 and 25.3.2026 passed in Criminal Misc. Bail Application Nos. 11129 of 2026 and 8187 respectively. The accused-applicant is languishing in jail in this matter since 10.1.2026, 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. opposes the prayer for bail of the applicant but could not rebut the arguments advanced by the learned counsel for the applicant. 5.
Having considered the rival contentions of the parties and the facts Versus Counsel for Applicant(s) : Arpit Pal, Manish Kumar Tripathi Counsel for Opposite Party(s): G.A., Kamal Kishor Mishra, Nishant Kumar, Prashant Kumar, Vivek Singh Kunal .....Applicant(s) State of U.P. .....Opposite Party(s)
that, it is a case of cross first information reports and both the parties have sustained injuries, therefore, it cannot be ascertained as to who was the aggressor of the alleged incident; the accused-applicant is languishing in jail in this matter, since 10.1.2026, without having any criminal history and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed. 6. Let the accused-applicant/ Kunal involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted. April 20, 2026 Gss BAIL No. 5422 of 2026 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad