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2026 DAILYLAW 1482 (ALL)

SURAJ@NIKHIL v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P. AT LUCKNOW

BAIL/16385/2026 · 2026-05-13

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16385 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. 82 of 2026, under Sections 191(2), 190, 109(1), 351(2) of B.N.S., Police Station- Etmaddaula, District- Agra. 3. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. In the F.I.R., the applicant has been nominated along with three other named accused and two unknown persons. The allegation against the applicant and other accused is of setting the injured on fire by pouring an accelerant. Learned counsel further contends that the F.I.R. has been lodged after four days of the occurrence. The injured in his statement under Section 180 BNSS has assigned the role of pouring some sanitizer/spirit on the applicant along with the other accused. However, the role of using the matches to set the injured on fire has been given to the co-accused Prince Raghav. The applicant has a criminal history of one other case in which the maximum sentence, that can be awarded to the applicant, is 7 years. He is in jail since 6.4.2026. 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 the applicant's Versus Counsel for Applicant(s) : Dwijendra Prasad Counsel for Opposite Party(s) : G.A. Suraj@Nikhil .....Applicant(s) State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow .....Opposite Party(s) role is distinguishable from that of the co-accused Prince Raghav. 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 is stated to be in jail since 6.4.2026. The F.I.R. has been lodged after four days of the occurrence. In the discharge slip, prepared by the S.N. Medical College and Hospital, Agra, the diagnosis records that the injured had received accidental thermal burn injury due to catching fire. The injury is said to have been covering about 14-18% of the total body surface area. The injured is said to have been admitted on 2.4.2026 and discharged on 7.4.2026. 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- Suraj @ Nikhil, 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. 16385 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. 16385 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad