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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37527 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Sudhir Kumar, learned counsel for accused applicant, Sri S.S.Pandey, learned counsel for the informant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit annexing the additional document in support of the bail application, the same is taken on record. 2. The present bail application has been moved by the applicant/ accused- Khurshed to enlarge him on bail in Case Crime No. 196 of 2025, under Sections 191(2), 191(3), 333, 109(1), 351(2) BNS, P.S.- Badalpur, District- Gautam Budh Nagar, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the belated FIR has been lodged on 21.07.2025 by Sri Nasrat @ Nasir with the allegation against six persons including the accused/applicant that on 19.07.2025 at about 07:00 p.m. they have assaulted Jubair, the brother of informant by the sharp edged weapon. It is the contention of learned counsel that false and frivolous FIR has been lodged wherein all the five persons have been granted bail except the accused/applicant as the main role has been attributed to him. It is contended by learned counsel that injuries reported to Jubair shows that the injuries were from hard and blunt object as no sharp edged weapon has been used. The supplementary medico legal Versus Counsel for Applicant(s) : Rajendra Kumar Misra, Sudhir Kumar, Vijay Pratap Singh Counsel for Opposite Party(s) : Shyam Shanker Pandey, Awadhesh Kumar Mishra, G.A. Khurshed .....Applicant(s) State of U.P. .....Opposite Party(s)
report does not contain any date which is from the private hospital, wherein it is shown that a fracture of left parieto-temporal calvarium. The applicant has no criminal history. The trial is at nascent stage. The accused applicant is languishing in jail since 06.08.2025. He seeks to be enlarged on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail and submit that the accused/applicant has the main role of assaulting the injured. The statement of the doctor is clear and explicit that the injury sustained is dangerous to life. Hence submit that 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 nature and number of injuries and alleged use of weapon as no injury sustained by sharp edged weapon, 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 Abhishek Sri. BAIL No. 37527 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad