Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32923 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Sri Anoop Kumar Dubey, learned counsel for applicant hands up supplementary affidavit enclosing the additional documents in support of bail application, the same is taken on record. Sri Sudhakar Yadav, learned counsel for informant hands up Vakalatnama of self and Sri Rajesh Yadav, Advocate, the same is also take on record. 1A. Heard Sri Dubey, learned counsel for accused applicant, Sri Yadav,
learned counsel for informant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused- Sunaina Vishwakarma to enlarge him on bail in Case Crime No. 278 of 2026, under Sections 109(1), 115(2), 352, 351(2), 191(2), 191(3), 190, 131 of BNS, P.S.- Sikrara, District- Jaunpur, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused applicant and informant are neighbours. The FIR is lodged on 02.08.2026 at 14:13 hours by the son of injured Malti Devi against six named persons with the role that on 01.08.2026 at about 15:00 hours, the accused have assaulted the mother of informant. It is alleged that the accused had stop the injured to put soil on the main door to protect the house from rain water. It is further contended that injured Malti Devi suffered one injury, which came out to be the fracture of temporal and parietal bone. Further submits that the role of catching hold is attributed on the accused applicant. Two more persons namely Ritik Gupta and Ranjana Gupta, who were named in the FIR and assigned the role of catching hold have Versus Counsel for Applicant(s) : Anoop Kumar Dubey, Rahul Saroj Counsel for Opposite Party(s) : G.A. Sunaina Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s)
been exonerated as the Investigating Officer did not find their complicity. It is further contended that the accused applicant has no criminal history. Investigation is continuing and applicant is co-operating in the investigation. The whole family of accused applicant is put in jail. The accused applicant is languishing in jail since 03.08.2026. He seeks enlargement of accused on bail.
4. Learned counsel for informant and learned A.G.A. for State have opposed the bail application and submit that grievous injury fatal to life has been sustained by the Malti Devi. The specific role is attributed on the accused applicant. Hence, the bail application be rejected.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the number and nature of injuries and the number of accused persons, who have been named in the FIR without specifically showing the weapon used and it is apparent that the FIR is delayed, 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. 32923 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad