Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32370 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Sri Sunil Kumar Gaud, learned counsel holding brief for applicant hands up supplementary affidavit explaining the criminal history, is taken on record. 1A. Heard Sri Gaud, learned counsel holding brief for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Surendra Singh to enlarge him on bail in Case Crime No. 98 of 2026, under Sections 109, 115(2), 117(2), 352 of BNS, P.S.- Bakewar, District- Etawah, during the pendency of trial. 3. It is the contention of learned counsel for applicant that FIR has been lodged by the informant against four accused persons including the accused applicant on 14.04.2026 for the incident of 12.04.2026 occurred at 14:00 hours. There is no explanation for the delay in FIR. It is alleged in the FIR that the accused person had assaulted the wife of informant namely Meera Devi with lathi, danda, Sariya, Kanta. There are thirteen injuries suffered by her including fracture of first metacarpal bone and patella bone as such in supplementary medical report four injuries were shown as grievous in nature. It is the contention of learned counsel that both the sides are of same family and there is property dispute between them and cross fight between the parties, wherein Anshika from the side of accused suffered eight injuries. Her FIR has not been lodged. She has moved an application under Section 173(4) BNSS, which was rejected. Versus Counsel for Applicant(s) : Anand Gangwar, Km Astha Counsel for Opposite Party(s) : G.A. Surendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
The injury report is at Page 41. The applicant has role attributed of opening fire. There is no firearm injury. The applicant has criminal history of four cases wherein three cases he is on bail and in one case, final report is submitted. Investigation is continuing and applicant is co- operating in the investigation. The accused applicant is languishing in jail since 23.07.2026. 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. 6.
Considering the cross fight and cross version of 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. 32370 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad