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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31443 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Anuj Kumar Gupta, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Gautam to enlarge him on bail in Case Crime No. 155 of 2024, under Sections 323, 504, 506, 325, 308 IPC, P.S.- Rajpura, District- Sambhal, during the pendency of trial. 3. It is the contention of learned counsel for applicant that false and frivolous FIR has been lodged on 06.05.2024 by the injured/informant against four persons with the allegation that the accused/applicant have assaulted the injured/informant with lathi, danda, kicks and fists. It is contended that the injured suffered two injures, one is fracture on his head. It is further submitted that the accused/applicant has no criminal history. The charge sheet is submitted. The accused/applicant and informant are uncle and nephew. The accused applicant is son of the co- accused, who has already been granted bail by this Court in order dated
17.7.2026. The false implication of co-accused Rahul is found during investigation by the Investigating Officer, as at the time of incident, he was on election duty and as such the charge sheet is not submitted against him. Further submits that there was altercation between the parties on the point of allocation of sugar cane price, received from the sugar mill. Out of two injuries suffered by the injured, one is fracture on the skull bone. The applicant is languishing in jail since 9.8.2026 and seeks to be Versus Counsel for Applicant(s) : Anuj Kumar Gupta Counsel for Opposite Party(s) : G.A. Gautam .....Applicant(s) State of U.P. .....Opposite Party(s)
enlarged on bail. 4. Learned AGA has submitted that the injured has passed away due to the injuries. Hence the bail application be rejected. 5. Countering the argument, learned counsel for the applicant submits that the death was due to cardio pulmonary arrest and not because of injuries he sustained. 6. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 7.
Considering the nature and number of injures and corresponding number of accused out of whom, the name of one of the accused is found to be false during investigation, the accused/applicant is entitled to be released on bail. 8. Hence, without touching merit of the case, the bail application is allowed. 9. 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]. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 8, 2026 Krishna* BAIL No. 31443 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad