VASID ALIAS KALAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16746 of 2026

Vasid Alias Kala
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                      :   Avinash Pandey
Counsel for Opposite Party(s)                 :   G.A.

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. 496 of 2025, under Sections 109(1),
217, 191(2), 193(3), 190, 126, 115(2), 352, 351(3), 3(5) of the B.N.S.,
Police Station- Jhinjhana, District- Shamli, during the pendency of the
trial.

3. Learned counsel for the applicant contends that the applicant is the
injured in the present case. The informant had lodged a named First
Informant Report (FIR), however, the police during investigation has
made the informant and the applicant along with other accused as the
perpetrators of the incident supposedly in an attempt to falsely implicate
the named accused. The learned counsel for the applicant contends that no
offence under Section 109(1) of the B.N.S. is made out if the prosecution
version is taken to its face value. The applicant has another criminal case
to his credit which has been lodged after the registration of this FIR. The
applicant is in jail since 17.04.2026. The learned counsel further submits
that co-accused Akmal alias Bhaullar and Sarvar have been granted bail
by this Court in Bail Application Nos.39099 of 2025 and 6893 of 2026.
He further contends that the specific role of firing has been attributed to
the co-accused Arshad alias Kala.

4. The learned A.G.A. has opposed the prayer for bail and has contended
that the applicant, by manufacturing injury with the help of the other
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accused, was trying to falsely implicate the named accused in the FIR due
to previous enmity.

5. I have considered the submissions made by the learned counsel for the
parties.

6. From perusal of the material on the record, it appears that the applicant
and the other accused, presently said to be involved in this case, were
supposedly assaulting the Pradhan Abbas by surrounding his vehicle. In
the said assault, it is stated that one of the assailants hit their own
companion, which is said to be the applicant. Taking the injury of the
applicant and using it to their advantage, the FIR was lodged against the
Village Pradhan Abbas and others.

7. I have gone through the statement of the witnesses. Prima facie it
appears that the applicant was hit by one of his companions Arshad alias
Kala. The applicant, in the opinion of the Court, being an injured, could
not be prosecuted for an offence under Section 109(1) of the B.N.S..
Apart from the applicant, there is no other injured in the case and the
applicant has also not been assigned any specific role.

8. Taking into account the entire facts and circumstances of the case, the
period of detention of the applicant, a prima facie case for bail is made
out.

9. The bail application is allowed.

10. Let the applicant - Vasid alias Kala, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
reliable sureties each 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
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                                    concerned.

                                    11. In the event of breach of any of the aforesaid conditions, the trial
                                    Court will be at liberty to proceed to cancel his/her bail.

                                    12. 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.

                                    13. 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.

                                    14. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and shall not be construed as an opinion on the
                                    merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 18, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad