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2026 DAILYLAW 12875 (ALL)

BHUVNESH v. STATE OF U.P.

BAIL/35323/2026 · 2026-10-04

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35323 of 2026 Court No. - 68 (Sr. No. 61 of 278) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shashi Dwivedi holding brief of Sri Rajiv Sisodia learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 331 of 2026, under Sections 109 (1), 115 (2), 352, 351 (3) B.N.S., Police Station Dhampur, District Bijnor, during the pendency of trial. 4. As per prosecution story, the applicant alongwith co-accused Hritik and some unknown persons are stated to assaulted and caused injuries to the informant and his cousin Tarun on 21.08.2026 at about 7:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per say false. The FIR is delayed by about 17 hours and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant and no particular overt act has been assigned to the applicant. The injuries were not dangerous to life although the doctor has opined that these injuries are grievous in nature. The applicant has no criminal history and is in jail since 07.09.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Rajiv Sisodia Counsel for Opposite Party(s) : G.A. Bhuvnesh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of F.I.R. and there being general and omnibus allegations against all the accused persons including the applicant and also the fact that no particular overt act has been assigned to the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Bhuvnesh, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 5, 2026 Suraj Srivastav BAIL No. 35323 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad