HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16712 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, learned counsel for the informant 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. 259 of 2025, under Sections 109(1), 115(2), 352, 351(2), (3), (5) of the B.N.S., Police Station- Matsena, District- Firozabad, during the pendency of the trial. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Learned counsel further contends that in the statement of the injured, role of the applicant that has been assigned is a general role and later on of catching hold the injured Jiledar. The learned counsel contends that the head injury that has been caused to Jiledar, has been specifically attributed to the co-accused, Pratap Singh. The axe has been assigned to Pratap Singh, a lathi has been assigned to Rajveer. The case of the applicant is distinguishable from that of the co- accused Pratap Singh. The applicant is in jail since 04.04.2026. A charge sheet has been submitted. 4. Learned counsel for the informant has opposed the prayer for bail and has contended that the applicant has been assigned the role of assaulting the injured. The injured Jiledar has received grievous injuries which could be called dangerous to life. The co-accused Pratap Singh had filed his bail application No. 6808 of 2026 in which this Court vide order dated 07.5.2026 had called for a detailed counter affidavit. The learned counsel for the informant contends that in view of the previous order passed by Versus Counsel for Applicant(s) : Nagendra Pratap Singh Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) this Court, this application may also be deferred and heard together with the earlier application. 5. The learned A.G.A. has supported the contentions of the learned counsel for the informant and has further pointed out that the applicant has a criminal history of one case. 6. The learned counsel for the applicant, rejoining the issue, contends that the applicant was falsely implicated in the said case, however, was exonerated during investigation. 7. I have considered the submissions made by the learned counsel for the parties. 8. The applicant although named in the FIR, in the statement of the injured witness Shivani, the specific role of assaulting the injured using an axe and a lathi has been given to the accused Rajvir and Pratap Singh. A general role has been assigned to the applicant and he has been specified the role of catching hold the injured Jiledar while he was being assaulted by the co-accused Rajvir. The applicant has properly explained his criminal antecedents. His case is distinguishable from that of the co- accused Rajvir and Pratap. 9. Taking into account the entire facts and circumstances of the case, a prima facie case for bail is made out. 10. The bail application is allowed. 11. Let the applicant - Deepak, 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. 16712 of 2026 2 concerned. 12. 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. 13. 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. 14. 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. 15. 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. 16712 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad