Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35873 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Azhar Hussain, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.374 of 2026, under Sections 115(2), 309(6), 317(2) B.N.S. and Section 3/25 Arms Act, Police Station Tundla, District Firozabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. There is no identification parade conducted as per Section 7 of Bhartiya Sakhay Adhiniyam. A false recovery of mobile has been foisted on the applicant. The applicant has no criminal history and is in jail since
17.08.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. 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.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Azhar Hussain, Mohd Ghufran Hasan Counsel for Opposite Party(s) : G.A. Lucky .....Applicant(s) State of U.P. .....Opposite Party(s)
consideration the fact that there is no identification parade conducted as per Section 7 of Bhartiya Sakhay Adhiniyam 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.
7. Let the applicant- Lucky, 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.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 7, 2026 Ashok Gupta BAIL No. 35873 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad