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2026 DAILYLAW 3441 (ALL)

ANIL KUMAR v. STATE OF U.P.

BAIL/15381/2026 · 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. - 15381 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.27 of 2026, under Sections 115(2), 117(2), 352, 351(3), 118(2) B.N.S., 2023, Police Station- Achhalda, District- Auraiya. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The First Information Report has been lodged with a delay of three days by the injured himself. A role of cutting off a part of the ear of the victim has been given to the applicant in the First Information Report and the statement of the victim. The applicant has not caused any injury which may be considered to be dangerous to life. The role of assaulting using blunt weapons has been given to the co-accused Guruvachan. The applicant has although a criminal history of one previous case, however, he is on bail in the said case. The applicant is not a previous convict and is in jail since 05.04.2026. 4. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant has been assigned a specific role of using a kitchen knife to cut off the part of the ear of the victim. A recovery of a knife has also been effected from pointing of the applicant. The Versus Counsel for Applicant(s) : Namrata Shukla, Santosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Anil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) allegations against the applicant are consistent and there is no apparent reason for false implication. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record. 6. The applicant although named in the First Information Report has been given the role of using a kitchen knife to cut off a part of the ear of the victim. The injury report indicates that a part of the ear of the applicant was missing and there was an incised wound present on the right ear. However, the said injury has not been opined to be dangerous to life. The First Information Report is delayed by three days and no explanation has been given in the First Information Report for the delay in lodging of the First Information Report. The applicant is in jail since 5.4.2026 and he is not a previous convict. The grievous injuries supposedly received by the injured on his foot have been attributed to the co-accused Guruvachan and his wife. 7. Taking into consideration the entire facts and circumstances of the case, the period of detention of the applicant and the nature of injuries attributed to him, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Anil Kumar, 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 BAIL No. 15381 of 2026 2 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. 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. 15381 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad