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2026 DAILYLAW 15888 (ALL)

GUDDU YADAV v. STATE OF U.P THROUGH SECRETARY(HOME) U.P., LUCKNOW

BAIL/35622/2026 · 2026-10-06

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35622 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Karma Singh Yadav, learned counsel for the accused- applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Guddu Yadav to enlarge him on bail in Case Crime No. 194 of 2026, under Sections 3(5), 109, 115(2), 131, 333, 352, 351(3), 74 BNS, P.S.- Kandharapur, District- Azamgarh, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in F.I.R. dated 05.08.2026 lodged by the informant Poonam Devi with the allegation that the five accused persons including the accused-applicant alleging therein that initially the accused-applicant has disrobed the modesty of the informant. Later on, they have entered into compromise. The accused-applicant along with other co-accused have entered the house and assaulted her husband Shambhu with lathi, danda, rod and punch. Later on, the statement of the victim and injured is changed and it was stated that the lathi and danda has been used for assault. The injured suffered simple injuries, as no abnormality is shown in the supplementary medical report. Further submits that the injuries are from hard and blunt object as per the medico-legal report. Further submits that he is the owner of the truck, whose battery was stolen and the husband of the informant was one of the suspect. It is due to this allegation that the accused-applicant has been Versus Counsel for Applicant(s) : Arvind Kumar Yadav, Karma Singh Yadav Counsel for Opposite Party(s) : G.A. Guddu Yadav .....Applicant(s) State Of U.P Through Secretary(Home) U.P., Lucknow .....Opposite Party(s) falsely implicated in this case. Further submits that the statement of the victim recorded under Section 183 BNSS is a false statement, which is uncorroborated. The charge sheet is submitted. The trial is still at the nascent stage. The applicant has no criminal history. The applicant is in jail since 19.08.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered the role of accused-applicant, the nature and number of injuries and the previous enmity between the parties. 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 7, 2026 Shivangi BAIL No. 35622 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad