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2026 DAILYLAW 15992 (ALL)

DEV v. STATE OF U.P.

BAIL/36038/2026 · 2026-10-07

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36038 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajeev Sawhney, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.615 of 2025, under Section 109(1) B.N.S., Police Station Kotwali City, District Bijnor, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR. His name has come up four days after the incident in the statement of the injured person, but the role of causing gunshot injury has been assigned to named accused person Prithvi only. The criminal history assigned to the applicant stands explained. He is in jail since 17.08.2026 undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant is not named in the FIR and that the role of causing gunshot injury has been assigned to co-accused Prithvi only, Versus Counsel for Applicant(s) : Rajeev Sawhney Counsel for Opposite Party(s) : G.A. Dev .....Applicant(s) State of U.P. .....Opposite Party(s) and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Dev, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 8, 2026 (Ravi Kant) BAIL No. 36038 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad