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Allahabad High Court

ADESHversusSTATE OF U.P.

Decided

Holding

The Court granted bail to the accused, ordering release on personal bond and sureties.

Summary

The accused, Adesh, applied for bail in a criminal case (Crime No. 167 of 2026) involving charges under Sections 190, 191(2), 115(2), 109(1), 352 and 351(3) of the BNS. The dispute arose from a village quarrel over garbage dumping, leading to a cross‑fight on 14 August 2026 in which both parties sustained injuries and filed FIRs against each other. The applicant has no prior criminal record and has been in custody since 15 August 2026, cooperating with the investigation. The State opposed bail, but the Court, noting the mutual injuries and the applicant’s clean record, granted bail without addressing the merits of the case. The bail was ordered on personal bond and two sureties, following Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail in re (2024).

Issues considered

  • Whether bail should be granted to the accused in a case involving mutual assault and charges under the listed sections of the BNS.
  • Whether the applicant’s lack of prior criminal history and cooperation with investigation justify bail.

Legislation cited

  • BNS — s. 109(1), 115(2), 190, 191(2), 351(3), 352

Subjects

  • bail
  • criminal procedure
  • cross‑fight
  • injury
  • no prior record
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34689 of 2026

Adesh
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)         : Jahar Singh (Kashyap), Stuti Singh
Counsel for Opposite Party(s)    : G.A.

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

1. Heard Sri Jahar Singh (Kashyap), learned counsel for accused applicant
and learned A.G.A. for the State.

2. The present bail application has been moved by the applicant accused-
Adesh to enlarge him on bail in Case Crime No.167 of 2026, under
Sections 190, 191(2), 115(2), 109(1), 352, 351(3) of BNS, P.S.- Ramala,
District- Baghpat during the pendency of trial.

3. It is the contention of learned counsel for accused applicant that the
accused applicant and the informant are of the same village. There was
some dispute between them relating to dumping of garbage on land. Both
the side have entered cross fight on 14.8.2026 at about 10:00 am, wherein
both the side suffered injuries. From the side of informant, there are four
injured and from the side of accused applicant there are two injured. The
cross FIRs have been lodged. The investigation is continuing. He is co-
operating in the investigation. The applicant has no criminal history. The
applicant is languishing in jail since 15.8.2026. He seeks enlargement of
accused on bail.

4. Learned A.G.A. has opposed the bail application.

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

6. Considering the cross fight and cross version of the FIR wherein both
                                                                                           BAIL No. 34689 of 2026
                                                                   2


                                    the side suffered injuries, the accused applicant is entitled to be enlarged
                                    on bail.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. 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].

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



                                                                                            (Avnish Saxena,J.)
                                    September 29, 2026
                                    Krishna*




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

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