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2026 DAILYLAW 8526 (ALL)

SURAJ TIWARI v. STATE OF U.P.

BAIL/34077/2026 · 2026-09-23

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34077 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Shriprakash Dwivedi, learned counsel for applicant hands up supplementary affidavit enclosing the additional documents in support of bail application, the same is taken on record. Sri Gaurav Pratap Singh, learned counsel for the informant hands up Vakalatnama, the same is taken on record. 1A. Heard Sri Dwivedi, learned counsel for accused applicant, Sri Singh, learned counsel for informant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Suraj Tiwari to enlarge him on bail in Case Crime No. 185 of 2026, under Sections 115(2), 352, 351(3), 118(1), 109(1) of BNS, P.S.- Vindhyachal, District- Mirzapur, 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 02.07.2026 lodged by Ravindra Singh uncle of two injured namely Anil and Shubham. It is alleged in the FIR that four persons including the accused applicant had assaulted the injured with sharp edged weapon knife. It is the further alleged that it was due to the dispute of passage, which was the point of contention between the two. It is contended by learned counsel that the medico legal examination report does not corroborates the incident. The injuries were stated to be suffered on 02.07.2026 but there was no medico legal examination report of the injured of the same date who are subsequently being treated in different hospitals. The injury report of Versus Counsel for Applicant(s) : Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Suraj Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) Shubham Singh shows the opinion of doctor that no specific interpretation of the injuries could be made. There are six injuries reported all are stitched wound. It is the contention of learned counsel that there is no complicity of accused applicant in the present incident. The applicant has been falsely implicated due to the village politics and animosity. There is no recovery. The accused applicant has criminal history of two cases wherein he is on bail. Charge sheet is submitted. The accused applicant is languishing in jail since 05.07.2026. 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 there is grievous injuries on the persons of injured Anil and Shubham, which are fractures and grievous in nature. The statement of the injured is clear and explicit which shows the role of 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 unreported nature of injuries and the charge sheet is submitted, 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 24, 2026 Sharad/- BAIL No. 34077 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad