HARSHIT VARSHNEY HINDUversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15486 of 2026

Harshit Varshney Hindu
                                                      .....Applicant(s)
                                 Versus

State of U.P.
                                                         .....Opposite
                                                               Party(s)

Counsel for Applicant(s)      : Anshu Singh, Hemendra Pratap Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Hemendra Pratap Singh, learned counsel for the
applicant and Sri B.P. Singh, 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.
230 of 2026, under Sections 191(2), 191(3), 125, 109(1), 115(2),
352, 351(3) BNS and Section 7 Criminal Law Amendment Act and
Section 3/25/27 Arms Act, registered at Police Station Banna Devi,
District Aligarh, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 13.3.2026. It is
further submitted that the 09 co-accused have already been
granted bail by a co-ordinate Bench of this Court as well as by this
Court. It is further submitted that FIR has been lodged against 12
named and 12 unknown alleging therein two group of persons are
said to have indulged in fighting with each other as a result of
which 03 persons are said to have received injuries of fire arm,
however, no specific role has been assigned to the applicant. It is
further submitted that applicant is having criminal history which has
been duly explained in the memo of application. It is also submitted
                                                     BAIL No. 15486 of 2026
                              2


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 A.G.A. has opposed the prayer for
grant of bail to the applicant.


5. Co-accused, namely, Ayush Sharma,Yash Gupta, Shashank
Shankar Sharma, Mohd. Hamza, Prafull Pandit, Yash Goyal, Arun
Kumar Gautam have already been granted bail. FIR has been
lodged against 12 named and 12 unknown alleging therein two
group of persons are said to have indulged in fighting with each
other as a result of which 03 persons are said to have received
injuries of fire arm, however, no specific role has been assigned to
the applicant. The applicant is having criminal history which has
been duly explained in the memo of application.

6. 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.

7. Let the applicant- Harshit Varshney Hindu 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
                                                                                        BAIL No. 15486 of 2026
                                                                 3


                                    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.

                                    8. In case of breach of any of the above conditions, it shall be a
                                    ground for cancellation of bail.

                                    9. 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.



                                                                                 (Jitendra Kumar Sinha,J.)
                                    May 7, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad