Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 7774 (ALL)

ASRAF AND ANOTHER v. STATE OF U.P.

BAIL/33376/2026 · 2026-09-17

Avnish Saxena

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33376 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Dharam Jeet Singh, learned counsel for accused applicants and learned A.G.A. for State. 2. The present bail application has been moved by the applicants/accused- Asraf and Israfil Ali to enlarge him on bail in Case Crime No. 54 of 2026, under Sections 109(1), 191(2), 191(3), 115(2), 117(2),351(3), 324(4), 3(5) BNS, P.S.- Gadwar, District- Ballia, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicants have been falsely implicated in the FIR dated 06.03.2026 lodged for the incident occurred on05.03.2026 that six named accused including the accused/applicants have assaulted the husband of informant and her relatives. It is alleged in the FIR that accused persons assaulted Khursheed and Gudia with lathi and danda due to which Khursheed and Gudia suffered injuries. It is further contended by the learned counsel that no specific role assigned to the accused/applicants. Both the injured suffered simple injury except one injury to Gudia, which is fracture of right hand. The applicants and the informant are of same village. There is old enmity between the parties. The charge sheet is submitted. The accused/applicants have no criminal history. The co-accused Naushad Ahmad and Irshad have already been enlarged on bail by the coordinate Bench of this Court. The accused applicants are languishing in jail since 03.08.2026. They seek to be enlarged on bail. Versus Counsel for Applicant(s) : Arvind Kumar Singh, Dharm Jeet Singh Counsel for Opposite Party(s) : G.A. Asraf And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the nature and number of injuries sustained by the injured and no specific role assigned to the accused/applicants, the accused/applicants are 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 Abhishek Sri. BAIL No. 33376 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad