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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31365 of 2026 Court No. - 82 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. By means of this application, the applicant who is involved in Case Crime No. 02 of 2026, under Sections 109(1), 352 and 3(5) B.N.S., P.S. Loni Border, District-Ghaziabad and is in jail since 2.1.2026, is seeking enlargement on bail during the trial. 3. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court vide order dated 7.4.2026 passed in Criminal Misc. Bail Application no. 11572 of 2026. The only new ground on which the applicant is seeking enlargement on bail through this application is that after rejection of first bail application of the applicant, other co-accused persons Gagan, Vishal Kana, who were assigned the role of catching hold, as well as another co-accused Shivam, who is having the role of inflicting the knife injury to the injured, have been granted bail by coordinate Benches of this Court, vide orders dated 7.5.2026, on bail by coordinate Bench of this Court, vide order dated 21.5.2026, 9.7.2026 and 20.5.2026 respectively passed in Criminal Misc. Bail Application Nos. 15492 of 2026, 21457 of 2026 and 17157 of 2026. He further submitted that no parity can be given, however the case of the present accused stands on better footing than that of the main accused Shivam. He lastly submitted that the applicant, who has no criminal antecedents to his discredit and is in jail since 2.1.2026, is also entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. has vehemently opposed the bail application, arguing that had the applicant not restrained the injured, he could have fled and saved himself therefore, the accused applicant is not entitled to be released on bail. However, he could not dispute the fact that other co- accused Gagan and Vishal Kana, as well as the main accused Shivam, who alleged to have inflicted the injury on the injured person have been granted bail by this Court. 5.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties; However, other co-accused have been granted bail but no parity can be extended but in the peculiar facts and circumstances of the case, moreover the case of the applicant stands on better footing than that of other co-accused Shivam, who has inflicted knife injuries to the injured; without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. 6. Let the applicant Manish involved in the aforesaid case be released on bail 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. 7. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. 8. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. September 8, 2026 Faridul BAIL No. 31365 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad