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2026 DAILYLAW 5747 (ALL)

FAREED @ KALA v. STATE OF U.P.

BAIL/31455/2026 · 2026-09-07

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31455 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Shailesh Kumar, learned advocate, holding the brief, appears for the accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Fareed @ Kala to enlarge him on bail in Case Crime No. 148 of 2026, under Sections 109(1), 191(2), 191(3), 190, 131, 126(2), 352, BNS, u/s 307, 147, 148, 149, 352, 341, 504 IPC), P.S.- Budhana, District- Muzaffarnagar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in FIR dated 04.04.2026 lodged by father of injured Amit, who suffered one injury in the incident of 03.04.2026. Further contended that initially the FIR is against four named and one anonymous person. The first set of accused whose name were in the FIR, have been exonerated during the investigation and fresh set of accused have been put in. The accused applicant is not named in the FIR. The name of accused applicant was taken by Naim Ahmad. The four co- accused of the second set, have already been granted bail by co-ordinate Bench of this Court. The accused applicant has no specific role assigned. The accused applicant has no criminal history. Charge sheet is submitted. The accused applicant is languishing in jail since 5.7.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. Versus Counsel for Applicant(s) : Ankur Tyagi Counsel for Opposite Party(s) : G.A. Fareed @ Kala .....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 change in stand of the informant and injured while lodging the FIR and in giving the statement as well as the number and nature of injuries. 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. 31455 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad