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2026 DAILYLAW 6237 (ALL)

AKSHAY v. STATE OF U.P.

BAIL/29008/2026 · 2026-09-08

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29008 of 2026 Court No. - 82 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused- applicant/ Akshay, for seeking bail, in S.T. No.788 of 2026, (State Vs. Akshay), arising out of Case Crime No.47 of 2026, under Sections 109(1), 352 and 3(5) of B.N.S., Police Station Baraut, District Baghpat, during pendency of trial. 4. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 23.4.2026 passed in Criminal Misc. Bail Application No.10926 of 2026. The only new ground on which the applicant is seeking enlargement of bail is that the charge sheet in this case has been filed on 13.04.2026 and charge was framed on 08.07.2026. Applicant is a law abiding citizen and he is languishing in jail since 17.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Learned A.G.A. appearing on behalf of State opposes the prayer for bail of the applicant, however, he could not dispute the aforesaid facts. 6. There is a change in the circumstance, as much as the charge sheet has been filed and the charge was framed on 08.07.2026 and Gaurav Kumar sustained injury, which is simple in nature and not fatal to life. Versus Counsel for Applicant(s) : Sukrampal Counsel for Opposite Party(s) : G.A. Akshay .....Applicant(s) State of U.P. .....Opposite Party(s) Subsequent to the passing of the order dated 23.04.2026, other co-accused persons namely Gaurav Kumar and Ashish have already been granted bail but no parity can be extended to the accused applicant. Moreover, the trial has commenced and presence of the applicant is not required in any investigation by the police, as the investigation is complete and charge has been framed, therefore, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 7. Let the applicant, Akshay be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. ii. He will not tamper with the witnesses. iii. He will not indulge in any illegal activities during the bail period. 8. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 9. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. September 9, 2026 Mini BAIL No. 29008 of 2026 2 (Harvir Singh,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad