HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33972 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Abhishek, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant/ accused- Sunil Singh to enlarge him on bail in Case Crime No. 288 of 2026, under Sections 118(2), 109(1), 351(3), 61(2) BNS, P.S.- Barsathi, District- Jaunpur, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been named in the FIR dated 12.07.2026 due to family enmity lodged by the father of two injured sons, namely, Raj Singh and Udai Singh. It is the allegation in the FIR that the five accused persons had assaulted, the injured with Kulhari, sharp edged weapon. It is further contended that the accused applicant has also been assigned the role of exhortation that he was standing on the terrace and exhorted the co- accused to kill injured Raj Singh and Udai Singh. The applicant has criminal history of three cases, wherein in one case final report has been submitted and in two cases he is on bail. The investigation is continuing and applicant is co-operating in the investigation. The applicant is languishing in jail since 12.07.2026. He seeks to be enlarged on bail. 4. Learned A.G.A. for State has opposed the prayer for bail and submitted that the injuries have been caused to the two injured as there was fracture on their skull bone. It is further contended that the recovery of Kulhari is at the instance of co-accused. Hence seeks that the application be rejected. Versus Counsel for Applicant(s) : Abhishek Counsel for Opposite Party(s) : G.A. Sunil Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Countering the argument, learned counsel for the applicant submits that there is no independent witness of recovery of Kulhari. The role attributed to the co-accused, who is relative of injured is of exhortation with no overt act. 6. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 7. Considering the nature of injuries and role attributed to the accused/applicant, the accused/applicant is entitled to be released on bail. 8. Hence, without touching merit of the case, the bail application is allowed. 9. 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]. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 23, 2026 Abhishek Sri. BAIL No. 33972 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad