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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32349 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Irshad Ahmad, learned counsel for accused applicant, Sri Ankit Shukla, learned counsel holding brief for informant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Lucky Saini to enlarge him on bail in Case Crime No. 456 of 2026, under Sections 109(1), 3(5) BNS, P.S.- Civil Lines, District- Moradabad, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in FIR dated 10.07.2026 lodged by the wife of injured with the allegation that on 09.07.2026 at about 23:00 hours, the three accused persons including the accused applicant had assaulted Navin Khanna by firearm. It is the contention of learned counsel that the specific role of firing is attributed on the co-accused Dhruv Dhawan. It is further contended that in the statement of the victim, it is stated that on the exhortation of other co-accused Dhruv Dhawan has opened fire at him. The injured suffered two entry wounds, one on his hand and another at the back of his chest. Further submits that there is monetary transaction between the parties which led to the false implication. The accused applicant has criminal history of one case wherein he is on anticipatory bail. Investigation is continuing and applicant is co-operating in the investigation. The accused applicant is languishing in jail since 15.07.2026. He seeks enlargement of accused on Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : Abhay Mishra, G.A., Prateek Srivastava Lucky Saini .....Applicant(s) State of U.P. .....Opposite Party(s)
bail. 4. Learned counsel for informant and learned A.G.A. for State have opposed the bail application and submit that the accused applicant was present at the place of incident and there is specific role of exhortation attributed on the accused applicant and the injured also suffered gunshot injury. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the role of exhortation attributed on the applicant, who has also some monetary dispute with the injured, 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. 32349 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad