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2026 DAILYLAW 7483 (ALL)

SHYAM @ ATENDRA v. STATE OF U.P.

BAIL/33278/2026 · 2026-09-17

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33278 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Saroj Kumar Yadav, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Shyam @ Atendra to enlarge him on bail in Case Crime No. 282 of 2026, under Sections 115(2), 352, 351(3), 109, 131 of BNS, P.S.- Koraon, District- Prayagraj, 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 27.07.2026 lodged by Rakesh Kumar Singh for the incident occurred in the morning of 26.07.2026. It is alleged in the FIR against three persons including the accused applicant that his brother Pramod has been assaulted by the co- accused Lacchiman, the father of applicant while he has stopped him to cut the tree. Later on, the mother of informant came to rescue his brother wherein the mother of accused applicant also came and assaulted his mother. It is further contended that two injuries were suffered by Indrani and four injuries suffered by Pramod. Both have suffered no bony injury. The accused applicant has no criminal history. Charge sheet is submitted. The accused applicant is languishing in jail since 31.07.2026. 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) : Saroj Kumar Yadav Counsel for Opposite Party(s) : G.A. Shyam @ Atendra .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the number and nature of injuries and the role attributed on the accused applicant, 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. 33278 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad