Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31784 of 2026
Court No. - 68 (Sr. No.57 out of 318) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Archna Singh Jadaun, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.370 of 2026, under Sections 109(1), 191(2), 191(3), 115(2), 352, 351(3), 125 BNS and Section 3/25/27 Arms Act, Police Station Akrabad, District Aligarh, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is not named in the FIR, but subsequently the witnesses have nominated the applicant to be one of the perpetrators of the crime on the date of institution of FIR itself. The said implication is an afterthought. No role of firing at the injured person has been assigned to the applicant.
5. Learned counsel for the applicant has further argued that the applicant is stated to have carried a Danda in his hand and was standing with the other accused persons, but there is no injury sustained by the injured person regarding hard and blunt object. As such, applicant is entitled to be enlarged on bail. The applicant has no criminal history and is in jail since 28.7.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. Versus Counsel for Applicant(s) : Archna Singh Jadaun Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant was not named in the FIR, coupled with the fact that the role of firing at the injured person has not been assigned to the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Deepak Kumar, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 9, 2026 Vikas Verma BAIL No. 31784 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad