BAIL/14291/2026 of SACHIN Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14291 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Shivam Yadav, learned counsel for the applicant, Sri Sushil Kumar Dubey, learned counsel for informant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0061 of 2026, under Sections 109(1), 115(2), 351(3), 324(4) BNS,  Police Station Jaswant Nagar, District Etawah during pendency of the trial. 3. Learned counsel for the applicant submits,  however, as per allegation applicant along with others made assault upon informant through wooden sticks due to which he sustained injuries but entire allegation leveled against applicant is totally false.  4. He further submits, on 13.03.2026 dispute of applicant side arose with informant side and in this regard on 13.03.2026 applicant lodged FIR at 19.32 hours against informant side and due to this reason informant, who is hardened criminal having criminal history of nine cases started scuffling with the applicant and others and thereafter on 13.03.2026 at 22.41 hours FIR of the present case was lodged.  He further submits, even in the alleged incident applicant also sustained injury.  5. He further submits, injuries sustained by the informant were simple in nature and this fact is even evident from his injury report which has been annexed at pages-41 and 42 of the paper-book Versus Counsel for Applicant(s) : Aman Ahsan, Shivam Yadav, Udai Bhatia Counsel for Opposite Party(s) : G.A., Sushil Kumar Dubey Sachin .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.03.2026..  7. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for bail and submit, applicant and others with intention to commit murder of the informant made assault upon him and due to the assault made by them informant sustained as many as four injuries but they could not dispute the fact that except one lacerated wound on parietal line all the other injuries were abrasions.  8. They also could not dispute the fact that injuries sustained by the informant were simple in nature and before the FIR of the present case applicant lodged FIR against informant and applicant also sustained injuries. 9. Learned AGA however submits, apart from the present case applicant is having criminal history of two other cases but could not dispute the fact that both the cases relate to minor offences of Sections 323, 504 IPC.  10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant and others made assault upon the informant through wooden sticks due to which he sustained injuries but injuries sustained by him appears to be simple in nature 12. Further, even before the FIR of the present case a FIR was lodged by the applicant against informant side and it appears, in the alleged incident applicant also sustained injuries. 13. Further, applicant is however having criminal history of two other cases but both the cases relate to minor offences. 14. Further, in the present matter applicant is in jail since 14.03.2026..  15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant -  Sachin be released on bail in the aforesaid case on furnishing a personal bond and  two sureties each in the like amount to the BAIL No. 14291 of 2026 2 satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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  any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the  bail of the applicant. 19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 6, 2026 AK Pandey BAIL No. 14291 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad