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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5247 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed by the applicant is taken on record. 2. Sri Sunil Kumar Tiwari, learned Advocate submits, Sri Pushpendra Kumar is the counsel for informant but his name has wrongly been shown in the cause list as counsel for applicant. 3. Heard Ms. Sonakshi Arora, learned Advocate holding brief of Sri Araf Khan, learned counsel for the applicant, Sri Sunil Kumar Tiwari, learned Advocate holding brief of Sri Pushpendra Kumar, learned counsel for informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 646 of 2025, under Sections 191(2), 191(3), 190, 308(5), 109(1), 351(3), 352 BNS, Police Station Civil Lines, District Aligarh during pendency of the trial. 5. Learned counsel for the applicant submits, however, as per allegation, applicant and others tried to extort money from the informant and he also opened fire upon him but admittedly none sustained any injury. 6. She further submits, applicant and informant both are resident of same locality and some dispute arose between both of them and only due to this reason he implicated the applicant in the present matter. 7. She further submits, however, apart from the present case applicant is having criminal history of 11 other cases but his criminal history has been Versus Counsel for Applicant(s) : Araf Khan, Babali, Lihazur Rahman Khan, Pushpendra Kumar, Ramdhan Counsel for Opposite Party(s) : G.A., Nagendra Kumar Singh Shekhar Bhardwaj .....Applicant(s) State of U.P. .....Opposite Party(s)
explained in the instant bail application and although five cases were of Section 307 IPC but in these cases also none sustained any injury and in majority of the cases applicant was not named in the FIR and in all the cases applicant is on bail and even in one case after investigation final report has been submitted. 8. She further submits, in the present matter applicant is in jail since
30.12.2025. 9. Per contra, learned AGA and learned counsel for informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11.
However, as per allegation, applicant and others tried to extort money from the informant and also opened fire upon him but admittedly none sustained any injury, therefore, it appears to be a case of no injury. 12. Further, apart from the present case applicant is having criminal history of 11 other cases but his criminal history has been explained in the instant bail application and although five cases were of Section 307 IPC but in these cases also none sustained any injury and in majority of cases applicant was not named in the FIR and he has been made accused during investigation and in all the cases applicant is on bail. 13. Further, in the present matter applicant is in jail since 30.12.2025. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Shekhar Bhardwaj 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. BAIL No. 5247 of 2026 2
(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 police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. 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. 18.
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 5, 2026 AK Pandey BAIL No. 5247 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad