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2026 DAILYLAW 5032 (ALL)

DEVASHISH NIGAM v. STATE OF U.P.

BAIL/31439/2026 · 2026-09-07

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31439 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Ms. Vishakha Pandey, learned advocate, holding the brief, appears for the accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Devashish Nigam to enlarge him on bail in Case Crime No. 289 of 2026, under Sections 115(2), 352, 109(1), 117(2) of BNS, P.S.- Bithoor, District- Kanpur Nagar during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the FIR has been lodged by the brother of the injured/victim on 4.7.2026 with the allegation that the accused applicant, who is also distant relative of the injured sister of the informant has assaulted the victim by a brick. It is further contended that the medico legal examination of the injured was carried out wherein two injuries were shown on the person of the injured, which is in the supplementary medical report shows no abnormality. It is further contended that the statement of the victim itself shows that she has called the accused applicant for providing drinking water at the hospital and after her treatment she was taken by the accused applicant in his car and administered her a cold drink. There was some altercation between the two, which led to the assault. It is further contended that the victim is 38 years old lady, who wants to marry the accused applicant and it is the self inflicted wound, which was suffered by the injured. It is further contended that the injuries if taken to consideration does not reflect that it has been hurt with the intention of committing murder. The charge sheet Versus Counsel for Applicant(s) : Aishwarya Verdhan, Sr. Advocate, Yashaswin Venugopal Bajpai Counsel for Opposite Party(s) : G.A. Devashish Nigam .....Applicant(s) State of U.P. .....Opposite Party(s) has been submitted. The applicant has no criminal history. The applicant is languishing in jail since 5.7.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. 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 and the weapon allegedly used, which has not been recovered and prima facie inconsistent statement of the victim and the version of the FIR, the accused applicant is entitled to be enlarged 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 Krishna* BAIL No. 31439 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad