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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16387 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 17 of 2026, under Sections 191(3), 109(1), 352, 351(3) of B.N.S., Police Station- Gaurabadshahpur, District- Jaunpur. 3. Learned counsel for the applicant has contended that the applicant is said to have assaulted the injured Sanjeev Rai @ Sheru, using a 'tangari'. The Learned counsel for the applicant further contends that the similar role of causing injuries by sharp edged weapon (bhala) was assigned to the co-accused namely Alok Rai and Laxmina Rai, who have been granted regular bail by the coordinate Bench of this Court vide orders dated 15.4.2026 and 30.3.2026, passed in Criminal Misc. Bail Application Nos. - 12506 of 2026 and 10597 of 2026, respectively. One other co- accused Adarsh Giri @ Pollo Giri has been granted bail by this Court vide order dated 4.5.2026, passed in Criminal Misc. Bail Application No. 12825 of 2026. The applicant, although has a criminal history of three cases, he is not a previous convict and he is on bail in the said cases. The applicant is in jail since 28.1.2026. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, he could not dispute the fact that case of the Versus Counsel for Applicant(s) : Anand Pati Tiwari, Shubham Singh Counsel for Opposite Party(s) : G.A. Harsh Rai .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant stands on a similar footing to that of the aforesaid co-accused, who have been granted bail by this Court. 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. The applicant and other co-accused have been assigned sharp edged and pointed weapons. The injured has received two incised wounds as per his medico legal examination report, prepared at A.S.U.S District Hospital, Jaunpur. Other than the two incised wounds, there is contused swelling which is said to have been found on the skull. No injury has been received by the injured which could be opined to be dangerous to life. 7.
Taking into account the entire facts and circumstances of the case, prima facie, a case for bail is made out. 8. The bail application is allowed. 9. Let the accused-applicant- Harsh Rai, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official BAIL No. 16387 of 2026 2
website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 14, 2026 Vandana BAIL No. 16387 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad