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2026 DAILYLAW 13731 (ALL)

UMESH v. STATE OF U.P.

BAIL/35551/2026 · 2026-10-05

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35551 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Anuj Bajpai, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit explaining the criminal history, the same is taken on record. 2. The present bail application has been moved by the applicant/ accused- Umesh to enlarge him on bail in Case Crime No. 474 of 2026, under Sections 109(1), 318(4), 336(3), 338, 340(2), 351(2), 351(3) BNS, P.S.- Faridpur, District- Bareilly, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in the FIR dated 25.06.2026 lodged by the informant Sachin against six named accused persons including the accused/applicant with the allegation that the accused had taken Rs. 4.5 Lakhs for providing him service in Army. Neither the service was assured nor the money was returned back. Later on, when the informant asked for return of money, the co-accused Somdutt Pal has opened fire but he has miraculously escaped. The allegation against the accused/applicant is that the accused/applicant used to stay along with the co-accused Arvind Yadav against whom the allegation is of taking money. The accused/applicant has criminal history of three cases, in one case final report is submitted, in other two cases, he is in jail. The accused applicant is languishing in jail since 15.07.2026. The investigation is continuing and he is cooperating in the investigation. He seeks to be enlarged on bail. Versus Counsel for Applicant(s) : Anuj Bajpai Counsel for Opposite Party(s) : G.A. Umesh .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that the money is offered for getting job in Army and it is a no injury case, 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 6, 2026 Abhishek Sri. BAIL No. 35551 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad