JUNAID @ KALAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34142 of 2026

Junaid @ Kala
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)              :    Abhitab Kumar Tiwari
Counsel for Opposite Party(s)         :    G.A., Sushil Kumar Dubey

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Sri Firdos Ahmad, learned advocate, holding the brief, appeared for the
accused-applicant hands up the supplementary affidavit. The same is
taken on record.

1A. Heard Sri Ahmad, learned advocate, holding the brief, appeared for
the accused applicant, Sri Sushil Kumar Dubey, learned counsel for the
informant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant accused-
Junaid @ Kala to enlarge him on bail in Case Crime No. 290 of 2026,
under Sections 109(1), 352, 190, 191(2), 191(3) BNS, P.S.- Lohiya
Nagar, District- Meerut, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicant is named in FIR dated 13.05.2026 lodged by informant brother-
in-law of one of the injured with the allegation against four named
persons that they have started indiscriminate firing at the Dawat-e-
Walima organized in the family of informant, due to which three persons
suffered gun shot injury including one Hammad aged two and half years.
Further contended that accused applicant has no role it was the
celebratory firing which led to the injuries on the person of injured. It is
further contended that all the persons suffered injuries on the lower
portion of their body mainly thighs except Usman, who suffered injury on
his shoulder. The injuries, which were suffered by the injured are simple
in nature. The accused-applicant has four cases criminal history, in two
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cases, he is on bail, one case is a bailable offence, wherein he has not
been arrested and in one case, the bail application has not been moved.
The charge sheet has been submitted. The accused applicant is
languishing in jail since 22.05.2026. He seeks enlargement of accused on
bail.

4. Learned counsel for the informant and learned A.G.A. for State have
opposed the bail application. The learned counsel for the informant has
drawn the attention of this Court towards the bail orders passed by the
court of Additional Sessions Judge, Meerut, wherein there is condition
imposed while granting bail that the accused-applicant will not indulge in
any of the activity similar to the one in which he has been granted bail.
This case is of attempt to murder and he has also been implicated in the
present case. Further submits that in the police encounter case, the
accused-applicant has been arrested and country made pistol is recovered
from his possession, which he disclosed, has been used in this incident as
well. Hence, submits that the case of accused-applicant is different from
other co-accused and his complicity is more grievous. As such, the bail
application be rejected.

5. Countering the argument, learned counsel for the applicant submits that
the case in which, he has been granted bail from the additional court of
sessions is a no injury case, wherein the conditions have been imposed.
Even in this case, he has been falsely implicated. Further submitted that it
is a merely disclosure statement of the accused-applicant, which is not
admissible in the eye of law, as the same has been given to the police at
the time of his arrest in the police encounter case.

6. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.

7. Considering the injuries on the non vital part of the injured, which are
simple in nature and that there is no conviction recorded so far and the
cases against the accused-applicant are still under trial, the
accused/applicant is entitled to be released on bail.

8. Hence, without touching merit of the case, the bail application is
allowed.
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                                    9. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    10. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                          (Avnish Saxena,J.)
                                    October 1, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad