BAIL/7822/2026 of BAIJNATH Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7822 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 5582 of 1992, under Section  307 of I.P.C., Police Station- Mutthiganj, District- Prayagraj.  3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. This is a case of police party firing no injury in which the applicant is said to be participated, however, no police personnel have received any injury. The applicant is in jail since 13.11.2025 having no criminal antecedents.  It is further submitted that in case, the applicant is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings. 4. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant is an absconder. The present case is a case relating to the year 1992 and the applicant has absconded twice. The trial for the co-accused had already concluded and in case the applicant is granted bail he is likely to abscond again. 5. I have considered the submissions made by the Learned counsels for the parties and perused the record.  6. The applicant and other accused are said to have thrown bombs on the police personnel, however, no police personnel received any injury. The applicant is said to have absconded twice, however, learned counsel for the applicant has stated that the applicant is ready to file an undertaking that he would not seek any adjournment in the case and will cooperate in the expeditious disposal of the trial. Co-accused persons namely Aushutosh Versus Counsel for Applicant(s) : Mohd Suhail, Shiva Ji, Vivek Yadav Counsel for Opposite Party(s) : G.A. Baijnath .....Applicant(s) State of U.P. .....Opposite Party(s) Jaiswal, Bablu @ Rajesh, Abhay and Raju, who were tried in S.T. No. 1024 of 2010 have been acquitted by the Additional District and Sessions Judge, Court No. 27, Allahabad vide order dated 20.3.2012. The applicant is in jail since 13.11.2025. 7. Taking into account the entire facts, the period of detention undergone by the applicant, and the fact that the co-accused, who were similarly situated to the applicant, were acquitted by the trial court, I deem it fit to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant- Baijnath, involved in above mentioned case crime number be released on bail, on his executing a personal bond and three reliable sureties each,  one of which shall be local sureity, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. v. The applicant shall not seek any adjournment and shall cooperate in the expeditious disposal of the trial and an undertaking to this effect shall be filed before the trial Court. 10. In the event of breach of any of the aforesaid conditions, the trial court will be at liberty to proceed to cancel his bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 6, 2026 Fahad BAIL No. 7822 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad