SUDHAKAR AND ANOTHERversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32470 of 2026

Sudhakar And Another
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Brijesh Kumar Srivastava,             Vikas
                                Tiwari
Counsel for Opposite Party(s) : G.A., Raghvendra Pratap

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicants and learned AGA for the
State-respondent and perused the record of the case.

2. The instant application has been filed seeking release of the applicant
on bail in Case Crime No. 92 of 2026, under Sections 109(1), 191(2),
191(3), 115(2), 352, 351(3), 333 BNS, Police Station- Gahmar, District-
Ghazipur, during pendency of the trial in the court below.

3. Learned counsel for the applicants submitted that the applicants are
absolutely innocent and have been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicants are having
no concern with the allegations levelled against them and they have not
committed any offence as alleged by prosecution. It is next submitted that
as per the recovery memo on the pointing out of the arrest accused
namely Shiv Bind (juvenile delinquent) and Chandrika, one iron rod and a
datidhar chakri welded with iron rod have been recovered. Neither the
alleged weapons were sent for any forensic examination, nor the recovery
was conducted in compliance with the guidelines issued by this Court. In
the present case six persons have been injured and they were medically
examined. As per the medical examination report of injured all the
injuries caused by hard & blunt object and duration of injury are about 6-
7 hours. He has next submitted that there is an old rivalry between both
sides family due to civil dispute pertaining to a property and the same has
been given criminal colour. The weapons allegedly recovered on the
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pointing out of the co-accused does not corroborate with the injuries
sustained during the said incident. There is no specific role have been
assigned to the applicant and co-accused. It is next submitted that the
applicants have no criminal hostory. He next submitted that the applicants
are languishing in jail since 07.07.2026. It is also submitted that the
applicants undertakes that they 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. The prayer for bail has been vehemently opposed by learned A.G.A.

5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicants are entitled to
be enlarged on bail during the pendency of the trial.

6. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

7. Let applicants, Sudhakar and Surendra Bind be released on bail in
the aforesaid case on their executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the court concerned
subject to the following conditions:-

(i). The applicants will not tamper with the evidence during the trial.

(ii). The applicants will not pressurize/ intimidate the prosecution witness.

(iii). The applicants will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicants shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). The applicants 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.
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                                    8. It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    9. In case of breach of any of the above conditions, the trial court will be
                                    at liberty to cancel the bail.

                                    10. 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.



                                                                                        (Jai Prakash Tiwari,J.)
                                    September 21, 2026
                                    v.k. updh.




Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad