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2026 DAILYLAW 7852 (ALL)

MUKESH KUMAR AND 2 OTHERS v. STATE OF U.P.

BAIL/33329/2026 · 2026-09-17

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33329 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Raghuraj 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- Mukesh Kumar, Edal Singh @ Yashveer Singh & Arvind Singh to enlarge them on bail in Case Crime No. 214 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 110, 117(2) BNS, P.S.- Bharthana, District- Etawah, during the pendency of trial. 3. It is the contention of learned counsel for applicants that the accused applicants have been falsely implicated in FIR dated 19.07.2025 lodged by the informant with the allegation that the accused persons, who are thirteen in number pertaining to one family had assaulted the informant and his family members with Kulhadi (axe) and kicks and fists wherein seven persons suffered injuries, out of them two persons namely Rajendra and informant Raguwar Singh suffered grievous injuries. Rajendra suffered fracture of parietal bone, whereas Raghuwar Singh suffered fracture on parietal and ulna bone. It is the contention of learned counsel that both the parties are of same family and there was altercation between them and FIR has already been lodged against the injured by co-accused Mahesh Chandra wherein six persons have been named in the FIR for assaulting two persons from the side of accused, who suffered injuries. There was an altercation between the parties on the point of dumping of garbage in the land. The applicants have no criminal history. The Versus Counsel for Applicant(s) : Raghuraj Singh Counsel for Opposite Party(s) : G.A. Mukesh Kumar And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) supplementary charge sheet has already been filed. The accused applicants are languishing in jail since 17.08.2025. 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 cross fight and cross version of the case wherein both sides suffered injuries and FIR has been lodged against each other and there is no specific role attributed on 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/applicants 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-applicants shall cooperate in judicial process for fair and speedy disposal. September 18, 2026 Shivangi BAIL No. 33329 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad