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2026 DAILYLAW 6907 (ALL)

MOHAN LAL v. STATE OF U.P.

BAIL/31304/2026 · 2026-09-07

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31304 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 is the third bail application of the applicant. The earlier two bail applications of the applicant were dismissed and withdrawn by this Court, vide orders dated 28.4.2026 and 21.7.2026 respectively passed in Criminal Misc. Bail Application Nos. 10625 of 2026 and 21268 of 2026. 3. By means of this application, the applicant who is involved in Case Crime No. 305 of 2025, under Sections 115(2), 352, 351(3), 191(2), 191(3), 190 and 109 B.N.S., P.S. Sikandarpur Vaishya, District-Kasganj and is in jail since 30.11.2025, is seeking enlargement on bail during the trial. 4. Learned counsel for accused-applicant, while pressing the bail application, submits that the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is next submitted that, the first information report was registered against 37 named accused persons and 50 to 60 unknown male and female persons of both sides, as they were fighting over a land dispute. About eleven persons got injured and the injuries caused from both the sides are simple in nature. He also submitted, that similarly placed other co-accused Hetram has already been enlarged on bail by this Court, vide order dated 6.4.2026 passed in Criminal Misc. Bail Application No. 4210 of 2026, copy whereof has been filed at page No. 83 of the bail application. He further submitted that since the role of the applicant is similar to that of aforesaid co-accused Hetram, who has Versus Counsel for Applicant(s) : Hardev Prajapati Counsel for Opposite Party(s) : G.A. Mohan Lal .....Applicant(s) State of U.P. .....Opposite Party(s) already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 5. The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him. 6. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and considering that other co-accused has been granted bail by coordinate Bench of this Court; 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 on the ground of parity during the pendency of the trial. 7. Let the applicant Mohan Lal 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. 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 8, 2026 Faridul BAIL No. 31304 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad