Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J.
1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant and Sri Imran Khan, 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 argued that even after considering entire facts in detail co- accused Rohit and Mukesh, who were also named in the FIR have been released on bail by this Court vide orders dated 31.8.2026 and 10.8.2026 passed in Criminal Misc.Bail Applications No. 30287 of 2026 and 27681 of 2026 respectively and case of applicant is at par with them. Versus Counsel for Applicant(s) : Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Mohit .....Applicant(s) State of U.P. .....Opposite Party(s)
6. He further submits, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence. He further submits that in the present matter applicant is in jail since 05.05.2026, i.e., for the last more than four months. 7. Per contra, learned AGA although opposed the prayer for bail but he could not dispute the argument on facts advanced by the learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
However, applicant is named in the FIR along with others and as per FIR he and others caused injuries but from the post mortem report it reflects, deceased sustained injuries on his non vital parts. 10. Further, considering the post mortem report of the deceased, this Court finds merit in the argument advanced by learned counsel for applicant that prima facie present case does not travel beyond Section 105 BNS. 11. Further, co-accused Rohit and Mukesh, who were also named in the FIR, have been released on bail by this Court and the case of applicant is at par with them. 12. Further, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offences. 13. Further, in the present matter applicant is in jail since 05.05.2026 i.e. for the last more than four months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Mohit 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:- BAIL No. 32291 of 2026 2
(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. 17.
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. 18. 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 18, 2026 SKM BAIL No. 32291 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad