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2026 DAILYLAW 8838 (ALL)

MONU @ MOHAN v. STATE OF U.P.

BAIL/30902/2026 · 2026-09-23

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30902 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Yashwant Pratap Singh and Sri Brijesh Kumar Pandey, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Monu @ Mohan to enlarge him on bail in Case Crime No. 217 of 2026, under Sections 191(3), 115(2), 352, 351(3), 109 and 3(5) of BNS, P.S.- Dhaulana, District- Hapur during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the accused applicant has been falsely implicated in FIR dated 4.7.2026 lodged by Pintu Tomar against four accused persons including the accused applicant with the allegation that on 3.7.2026 at about 05:00 am Himanshu Tomar son of informant was going to take milk. The accused persons had tractor trolley stationed on the road. The injured has asked them to remove the tractor trolley on which four accused persons had assaulted him. He suffered injury on his head, which is fracture of his parietal bone. The weapon used was favda. It is further contended that there is no specific allegation against the accused applicant about the assault. There is no recovery from the accused applicant. Learned counsel for the applicant has drawn attention of this Court towards the affidavits filed by the injured and informant denying the role of accused applicant. The applicant has 8 cases criminal history out of which, in one case, he is not named and in seven cases, neither notice has been issued to him nor he was arrested. Those cases are of the year 2006-07 when he Versus Counsel for Applicant(s) : Brijesh Kumar Pandey, Yashwant Pratap Singh Counsel for Opposite Party(s) : G.A. Monu @ Mohan .....Applicant(s) State of U.P. .....Opposite Party(s) was juvenile. The applicant is languishing in jail since 3.7.2026. He is co- operating in the investigation, which is continuing. He seeks enlargement of accused on bail. 4. Learned A.G.A. has 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. 6. Considering the nature and number of injuries and that no specific role is attributed on the accused applicant, the accused applicant is entitled to be enlarged 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 Krishna* BAIL No. 30902 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad