Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 4949 (ALL)

HIMANSHU v. STATE OF U.P.

BAIL/27530/2026 · 2026-09-07

Avnish Saxena

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27530 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Anil Kumar Srivastava, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned AGA for the State hands up the counter affidavit, the same is taken on record. 2. The present bail application has been moved by the applicant/ accused- Himanshu to enlarge him on bail in Case Crime No. 498 of 2026, under Sections 109(1), 110, 132, 3(5), 115(2), 352, 351(2) BNS, P.S.- Kotwali City, District- Bijnor, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been implicated in the FIR dated 29.06.2026 lodged by the Traffic Police Constable with the allegation that the two accused persons including the accused/applicant while on motorcycle bearing no. UP20CE 1211 have been intercepted by the traffic police while he was on traffic duty. The accused started hurling abuses and assaulted the injured/informant with the intention to kill. The motorcycle is owned by the accused/applicant. It is the contention of learned counsel that the applicant is pursuing his competitive examination and he speed up the motorcyle, the traffic police person on chasing fell on the ground and suffered injuries. There is no overt act on the part of the accused/applicant. The medico legal report shows one injury on the head of the injured, which came out to be 'no significant neuroparenchymal Versus Counsel for Applicant(s) : Anil Kumar Srivastava, Prashant Kumar Mishra Counsel for Opposite Party(s) : G.A. Himanshu .....Applicant(s) State of U.P. .....Opposite Party(s) abnormality detected'. Even if the injury and weapon, is taken to consideration, the same cannot qualify that the accused/applicant has any intention to commit murder. The applicant has no criminal history. The accused applicant is languishing in jail since 09.07.2025. The investigation is continuing and he is cooperating in the investigation. The accused/applicant is a student and therefore, seeks enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the nature and number of injuries on the person of injured and the argument raised by learned counsel, the accused/applicant is entitled to be released on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 8, 2026 Abhishek Sri. BAIL No. 27530 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad