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2026 DAILYLAW 2445 (ALL)

KUNWARPAL v. STATE OF U.P.

BAIL/15352/2026 · 2026-05-05

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. - 15352 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.136 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3) of B.N.S. 2023, Police Station- Madnapur, District- Shahjahanpur. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. There are seven named accused persons along with five to six unknown persons mentioned in the First Information Report. The First Information Report is delayed by two days. No specific role has been assigned to the applicant and the specific role of causing gunshot injury on the injured has been given to co-accused Mani Ram. The injured has received two injuries. The injuries have not been found to be grievous in nature or dangerous to life. The applicant has no criminal antecedents. The applicant is in jail since 02.03.2026. 4. The Learned A.G.A. has opposed the prayer for grant of bail, however, has been unable to dispute the fact that no specific role has been given to the applicant. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record. Versus Counsel for Applicant(s) : Om Narayan Pandey Counsel for Opposite Party(s) : G.A. Kunwarpal .....Applicant(s) State of U.P. .....Opposite Party(s) 6. The applicant has been named in the First Information Report along with six others and five to six unknown persons. A general role of firing has been given to the applicant. Specific role of causing gunshot injury on the injured has been given to the co-accused Mani Ram. The applicant has no criminal antecedents and his case is distinguishable from that of the co-accused Mani Ram. A charge-sheet has now also been submitted and the applicant is no longer required for custodial interrogation or recoveries. No recovery of any incriminating articles has been made from the possession or the pointing out of the applicant. 7. Taking into account all the facts and circumstances of the case as discussed above, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Kunwarpal, 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 website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. BAIL No. 15352 of 2026 2 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. May 6, 2026 Sachin BAIL No. 15352 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad