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2026 DAILYLAW 8459 (ALL)

ILIYAS v. STATE OF U.P.

BAIL/33828/2026 · 2026-09-22

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33828 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Ms. Divyangi, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Iliyas to enlarge him on bail in Case Crime No. 103 of 2026, under Sections 109 (1), 115(2), 118(1), 191(2), 191(3), 351(3), 352 of BNS, P.S. Jansath, District- Muzaffarnagar, 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 11.07.2026 lodged by the informant with the allegation that there was cross fight between the parties on the point of cleaning the drain outside the mosque. There were injured from both the sides. Five persons have been injured from the side of informant and one person has been injured from the side of accused. There is cross FIR lodged by the Waseem Ahmad against the informant. Further submits that co-accused has already been granted bail by co- ordinate Bench of this Court. The accused applicant has no criminal history. Investigation is continuing and applicant is co-operating in the investigation. The accused applicant is languishing in jail since 08.09.2026. 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. Versus Counsel for Applicant(s) : Pankaj Bharti Counsel for Opposite Party(s) : G.A. Iliyas .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the cross fight and cross version of FIR, both sides are injured and co-accused has already been granted bail by co-ordinate Bench of this Court, 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 23, 2026 Sharad/- BAIL No. 33828 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad