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2026 DAILYLAW 5352 (ALL)

ADESH v. STATE OF U.P.

BAIL/30485/2026 · 2026-09-07

Yogesh Dubey Joint Registrar Judicial

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30485 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Narendra Kumar, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 94 of 2026, under Section 64(2)(M) of B.N.S., Police Station Gagalheri, District Saharanpur, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the applicant has already been granted bail in the present case for the offences under Sections 142, 143(2), 352 351(2), 64 of B.N.S., however, during investigation Section 64(2)(M) B.N.S. has been added. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail. 5. The applicant has already been granted bail in the present case for the offences under Sections 142, 143(2), 352 351(2), 64 of B.N.S., however, during investigation Section 64(2)(M) B.N.S. has been added. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as Versus Counsel for Applicant(s) : Narendra Kumar, Sitendra Singh Counsel for Opposite Party(s) : G.A. Adesh .....Applicant(s) State of U.P. .....Opposite Party(s) considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Adesh involved in the aforementioned crime be released on bail, on bail on the same terms and conditions, on which, the applicant was granted bail by this Court vide order dated 03.08.2026 passed in Criminal Misc. Bail Application No.23036 of 2026. September 8, 2026 RKM BAIL No. 30485 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad