HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32342 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Rajeev Upadhyay, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Radhey Shyam to enlarge him on bail in Case Crime No. 140 of 2026, under Sections 109(1), 3(5), 117(2) BNS, P.S.- Raunapar, District- Azamgarh, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in belated FIR dated 01.06.2026 lodged by the brother of injured against two named persons excluding the accused applicant. It is alleged in the FIR that due to old enmity, the two co-accused and one anonymous person had assaulted the brother of injured with lathi danda which led to seven injuries with one fracture of shoulder. It is further contended that the name of accused applicant has been figured out from the statement of the independent witness Mithilesh after one month of the incident. Further submitted that FIR is delayed. The accused applicant has criminal history of three cases wherein he is on bail. The charge sheet is submitted. The accused applicant is languishing in jail since 30.07.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. Versus Counsel for Applicant(s) : Rajeev Upadhyay Counsel for Opposite Party(s) : G.A. Radhey Shyam .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the nature and number of injuries and the accused applicant has not been named in the FIR, the accused/applicant is entitled to be released on bail. 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 18, 2026 Sharad/- BAIL No. 32342 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad