BAIL/14259/2026 of SAMEER Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14259 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant, Sri Shashi Chood Pandey, learned counsel for the first informant, Sri Manoj Gautam, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 10 of 2026 under Sections 115(2), 118(1), 109(1), 126(2) BNS and 4/25(1-B)b Arms Act, registered at Police Station Zarif Nagar, District Budaun during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and as per the FIR, four accused persons are said to have assaulted the son of the first informant by fists, legs and sharp-edged weapon, however, the injured Hasnain has assigned the role of assault by sharp-edged weapon to the applicant  and co-accused Mohsin. It is further submitted that all the injuries of the injured have been found to be lacerated wound and none of them has been found to be dangerous to life. It is further submitted that applicant has no criminal history and he is in jail since 15.1.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submits that applicant has received one penetrating wound on his chest which is a vital part and the said injury has been found to be grievous in nature.  5. Learned A.G.A. also opposed the prayer for grant of bail to the applicant and submits that specific role of assault by sharp-edged weapon has been assigned to the applicant and co-accused Mohsin.  Versus Counsel for Applicant(s) : Ram Singh Yadav, Rohit Kumar Singh Counsel for Opposite Party(s) : G.A., Shashi Chood Pandey Sameer .....Applicant(s) State of U.P. .....Opposite Party(s) 6. As per allegations in the FIR, four accused persons are said to have assaulted the son of the first informant by fists, legs and sharp-edged weapon, however, the injured Hasnain has assigned the role of assault by sharp-edged weapon to the applicant  and co-accused Mohsin. The injured is said to have received one penetrating wound on his chest but the same has not been found to be dangerous to life. Applicant has no criminal history and he is in jail since 15.1.2026. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Sameer involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 Madhurima BAIL No. 14259 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad