HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16746 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. 496 of 2025, under Sections 109(1), 217, 191(2), 193(3), 190, 126, 115(2), 352, 351(3), 3(5) of the B.N.S., Police Station- Jhinjhana, District- Shamli, during the pendency of the trial. 3. Learned counsel for the applicant contends that the applicant is the injured in the present case. The informant had lodged a named First Informant Report (FIR), however, the police during investigation has made the informant and the applicant along with other accused as the perpetrators of the incident supposedly in an attempt to falsely implicate the named accused. The learned counsel for the applicant contends that no offence under Section 109(1) of the B.N.S. is made out if the prosecution version is taken to its face value. The applicant has another criminal case to his credit which has been lodged after the registration of this FIR. The applicant is in jail since 17.04.2026. The learned counsel further submits that co-accused Akmal alias Bhaullar and Sarvar have been granted bail by this Court in Bail Application Nos.39099 of 2025 and 6893 of 2026. He further contends that the specific role of firing has been attributed to the co-accused Arshad alias Kala. 4. The learned A.G.A. has opposed the prayer for bail and has contended that the applicant, by manufacturing injury with the help of the other Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Vasid Alias Kala .....Applicant(s) State of U.P. .....Opposite Party(s) accused, was trying to falsely implicate the named accused in the FIR due to previous enmity. 5. I have considered the submissions made by the learned counsel for the parties. 6. From perusal of the material on the record, it appears that the applicant and the other accused, presently said to be involved in this case, were supposedly assaulting the Pradhan Abbas by surrounding his vehicle. In the said assault, it is stated that one of the assailants hit their own companion, which is said to be the applicant. Taking the injury of the applicant and using it to their advantage, the FIR was lodged against the Village Pradhan Abbas and others. 7. I have gone through the statement of the witnesses. Prima facie it appears that the applicant was hit by one of his companions Arshad alias Kala. The applicant, in the opinion of the Court, being an injured, could not be prosecuted for an offence under Section 109(1) of the B.N.S.. Apart from the applicant, there is no other injured in the case and the applicant has also not been assigned any specific role. 8. Taking into account the entire facts and circumstances of the case, the period of detention of the applicant, a prima facie case for bail is made out. 9. The bail application is allowed. 10. Let the applicant - Vasid alias Kala, involved in the aforementioned crime be released on bail, on his furnishing 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 BAIL No. 16746 of 2026 2 concerned. 11. In the event of breach of any of the aforesaid conditions, the trial Court will be at liberty to proceed to cancel his/her bail. 12. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 13. 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. 14. The observations made hereinabove are exclusively for deciding the instant bail application and shall not be construed as an opinion on the merits of the case. May 18, 2026 Kushal BAIL No. 16746 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad