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2026 DAILYLAW 7649 (ALL)

RAJENDRA v. STATE OF U.P.

BAIL/32250/2026 · 2026-09-16

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32250 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.279 of 2026, under Sections 191(2), 191(3), 190, 131, 115(2), 352, 117(2), 351(2) and 103(1) BNS, Police Station Baraut, District Baghpat, during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is named in the FIR along with five others and according to the FIR due to dispute applicant and other accused persons with their respective weapons made assault upon the father of the informant due to which he sustained injuries but entire allegations leveled against the applicant are totally false. 4. He further submits that initially FIR of the present case was lodged for offence punishable under Section 109 BNS and other offences but after death of the injured, i.e, father of the informant, case has been converted for offence under Section 103(1) BNS. 5. He further submits, alongwith applicant co-accused Rohit was also made accused and he has been released on bail by this Court vide order dated 31.8.2026 passed in Crl. Misc. Bail Application No. 30287 of 2026 and case of applicant is at par with him. 6. He further submits, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and both the cases relate to minor Versus Counsel for Applicant(s) : Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Rajendra .....Applicant(s) State of U.P. .....Opposite Party(s) offence. He further submits, in the present matter applicant is in jail since 27.04.2026. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects, applicant is named in the FIR along with others and as per FIR he alongwith others made assault upon deceased but it reflects, only general allegations have been made against the applicant. Further post mortem report suggests, deceased sustained injuries on his non vital parts. 10. Further, however applicant is having criminal history of two other cases but both the cases relate to minor offences. 11. Further, co-accused Rohit has been released on bail by this Court and case of applicant is at par with him. 12. Further, in the present matter applicant is in jail since 27.4.2026 i.e. for last more than four months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Rajendra, 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. BAIL No. 32250 of 2026 2 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 17, 2026 Ankita BAIL No. 32250 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad