Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 5129 (ALL)

MAHAVEER v. STATE OF U.P.

BAIL/31405/2026 · 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. - 31405 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit has been filed explaining the criminal history, the same is taken on record. 1A. Heard Ms. Gowri Chauhan, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Mahaveer to enlarge him on bail in Case Crime No. 356 of 2026, under Sections 115(2), 352, 351(3), 61(2), 109(1) of BNS, P.S.- Khair, District- Aligarh during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the accused applicant has been falsely implicated in the belated FIR dated 02.06.2026 for the incident of 30.5.2026. It is alleged in the FIR that four persons have assaulted the informant/victim with lathi, danda and fire arm. The role attributed on the accused applicant was of assaulting with lathi and danda. The injures are simple in nature. The role of opening fire arm was on Khushiram and Jitendra. The accused applicant is having criminal history of 30 cases out of which, he has been acquitted in six cases and in 24 cases, he is on bail. There was old enmity between the parties. The investigation is continuing. The applicant is languishing in jail since 31.7.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. Versus Counsel for Applicant(s) : Gowri Chauhan, Shiv Pratap Singh Chauhan Counsel for Opposite Party(s) : G.A. Mahaveer .....Applicant(s) State of U.P. .....Opposite Party(s) 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the complicity of the accused applicant in the present case and the nature of injuries as well as role of the accused applicant, 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. 31405 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad