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2026 DAILYLAW 5246 (ALL)

INDAL SINGH AND ANOTHER v. STATE OF U.P.

BAIL/31518/2026 · 2026-09-07

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31518 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Amit Yadav, learned counsel holding brief appeared for informant hands up Vakalatnama of Sri Rai Sahab Yadav, Advocate on behalf of informant, is taken on record. 1A. Heard Sri Anand Gangwar, learned counsel for accused applicants, Sri Yadav, learned counsel holding brief for informant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Indal Singh and Shailendra @ Sheru to enlarge him on bail in Case Crime No. 214 of 2025, under Sections 191(2), 191 (3), 190, 115(2), 352, 351(3), 109(1), 110, 117(2) BNS, P.S.- Bharthana, District- Etawah, during the pendency of trial. 3. It is the contention of learned counsel for applicants that the accused applicants have been falsely implicated in FIR dated 19.07.2026 lodged by the informant with the allegation that the accused persons, who are thirteen in number pertaining to one family had assaulted the informant and his family members with Kulhadi (axe) and kicks and fists wherein seven persons suffered injuries, out of them two persons namely Rajendra and informant Raguwar Singh suffered grievous injuries. Rajendra suffered by fracture of parietal bone whereas Raghuwar Singh suffered fracture on parietal and ulna bone. It is the contention of learned counsel that both the parties are of same family and there was altercation between the parties and FIR has already been lodged against the injured by co- Versus Counsel for Applicant(s) : Anand Gangwar, Km Astha Counsel for Opposite Party(s) : G.A. Indal Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) accused Mahesh Chandra wherein six persons have been named in the FIR for assaulting two persons from the side of accused, who suffered injuries. There was an altercation between the parties on the point of dumping garbage in the land. It is further submitted that the accused applicants have criminal history of one case wherein investigation is continuing and accused applicants have not been arrested. Further contended that the accused applicants are co-operating in the investigation, which is continuing. The accused applicants are languishing in jail since 24.07.2026. He seeks enlargement of accused on bail. 4. Learned counsel for informant and learned A.G.A. for State 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 cross fight and cross version of the case wherein both sides suffered injuries and FIR has been lodged against each other and there is no specific role attributed on the accused applicant, 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/applicants 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-applicants shall cooperate in judicial process for fair and speedy disposal. September 8, 2026 Sharad/- BAIL No. 31518 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad