HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6459 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Mahabir Yadav, Advocate holding brief of Sri Vinay Kumar Singh and Sri Mohd. Hamid, learned counsel for the applicant, Ms. Sabhya Dhar Dwivedi, learned counsel for the informant and Dr. S.B. Maurya, learned A.G.A.-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 711 of 2025, under Sections 126(2), 352, 333, 190, 191(2), 191(1), 109, 115(2), 324(4), 351(3) of BNS, Police Station- Gagaha, District- Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of general allegations, applicant has been made accused in the present matter along two others including co-accused Wajid Ali and co- accused Wajid Ali has been released on bail by the coordinate Bench of this Court vide order dated 07.04.2026 passed in Criminal Misc. Bail Application No.10938 of 2026. 4. He further submitted that applicant is not having previous criminal history to his credit and in the present matter, he is in jail since 02.01.2026. 5. Per contra, learned AGA as well as learned counsel for the Versus Counsel for Applicant(s) : Mohd Hamid, Vinay Kumar Singh Counsel for Opposite Party(s): G.A., Manoj Kumar, Sabhya Dhar Dwivedi, Sonakshi Kashyap Aftab @ Gulab .....Applicant(s) State of U.P. .....Opposite Party(s) informant however opposed the prayer and submit that the applicant and others made assault, due to which, two persons sustained injuries but they could not dispute the fact that only general allegation has been made against all the accused and co-accused Wajid Ali has been released on bail by the coordinate Bench of this Court and as far as allegations are concerned, case of the applicant is at par with him. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegations, due to assault made by applicant and two others sustained injuries but co-accused Wajid Ali has been released on bail by the coordinate Bench of this Court and as far as allegations are concerned, the case of the applicant is at part with him. 8. Further, applicant is having no criminal history to his credit and in the present matter, applicant is in jail since 02.01.2026 i.e. for last more than four months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Aftab @ Gulab 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any BAIL No. 6459 of 2026 2 police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 Mini BAIL No. 6459 of 2026 3 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad