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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32406 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Sri Rohit Kumar Sharma, learned counsel for applicant hands up supplementary affidavit explaining the criminal history, the same is taken on record. 1A. Heard Sri Sharma, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Tanveer to enlarge him on bail in Case Crime No. 383 of 2019, under Sections 307 IPC, P.S.- Kotwali Nagar, District- Bulandshahar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated by the police in encounter case in FIR dated 11.05.2019. There is no injury to the police person. The arrest and recovery have been made in the absence of independent witness. The applicant was initially granted bail by the Sessions court in order darted
29.05.2019. Subsequently due to Covid-19 pandemic, he could not appear before the court and was not aware about the submission of the charge sheet. After the issuance of process, he has surrendered before the court on 23.07.2026 and since then he is in jail. The accused applicant has criminal history of seventeen cases, out of which in one case, final report is submitted and in one case the applicant is enlarged on notice under Section 35(3) BNSS, in three cases he has been acquitted and remaining cases, he is on bail. The accused applicant is languishing in jail since Versus Counsel for Applicant(s) : Dharmendra Kumar Mishra, Rohit Kumar Sharma Counsel for Opposite Party(s) : G.A. Tanveer .....Applicant(s) State of U.P. .....Opposite Party(s)
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 jumping of bail and in police encounter, it is no injury case, 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. 32406 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad