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2026 DAILYLAW 9003 (ALL)

AJAY KASHYAP v. STATE OF U.P.

BAIL/31772/2026 · 2026-09-22

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31772 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit has been filed explaining criminal history, the same is taken on record. 1A. Heard Ms. Ifra Fatima, 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- Ajay Kashyap to enlarge him on bail in Case Crime No. 148 of 2026, under Sections 191(2), 191(3), 190, 109(1), 131, 126(2), 352 of BNS, P.S.- Budhana, District- Muzaffar Nagar during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the informant Mangeram has lodged the FIR on 4.4.2026 against four named and one anonymous persons. The incident is dated 3.4.2026 occurred at 19:20 hrs alleging in the FIR that the son of the informant, namely, Amit was returning home when he has been surrounded by the accused persons and they have assaulted him. It is further contended that the injured suffered three injuries. The weapon shown in the FIR is iron rod and sharp edged weapon. The injuries sustained by the injured are three and all are simple in nature as per the injury report and the supplementary medico legal report. It is further contended that the weapons used shown in the medical report is hard and blunt object. The accused applicant has not been named in the FIR. He has initially not been named either by the injured or the eye witness. Subsequently, on the basis of CCTV footage, name of the accused applicant has been reflected. There is no test Versus Counsel for Applicant(s) : Ifra Fatima Counsel for Opposite Party(s) : G.A. Ajay Kashyap .....Applicant(s) State of U.P. .....Opposite Party(s) identification parade but the injured in his subsequent statement has named him. The charge sheet has been submitted. The applicant has three cases criminal history, out of which, in one case, he is not named, in one case, he is released on notice under Section 41A CrPC/35(3)BNSS and in one case, he is on bail. The applicant is languishing in jail since 23.5.2026. 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 the name of the accused applicant is not in the FIR, 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 23, 2026 Krishna* BAIL No. 31772 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad