Allahabad High Court
BAIL/35099/2026 of KAMLESH Vs STATE OF U.P. on 30 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35099 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Yogesh Kumar Srivastava, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused-
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35099 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Yogesh Kumar Srivastava, learned counsel for accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused- Kamlesh to enlarge him on bail in Case Crime No. 591 of 2026, under Sections 115(2), 352, 351(2), 127(2), 140(3), 109(1) BNS, P.S.- Shikohabad, District- Firozabad, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in FIR dated 02.08.2026 lodged by the victim herself with the allegation that on 01.08.2026 at about 8:30 a.m. that victim while going for stitching, has been surrounded by three accused persons including the applicant, who had abducted and beaten her. It is further contended that there is a civil dispute pending between the accused applicant and father of the victim. The FIR is delayed without any explanation. The medico legal examination report has been carried out on 07.08.2026 without any explanation as to the delay in getting the medico legal examination done. Further submits that in the statement under Section 183 BNSS, it is specifically stated that there is no offence of rape and it is only the assault, which has been made. It is further contended that injuries are simple in nature. The applicant has no criminal history. Charge sheet is submitted. The accused applicant is languishing in jail since 20.08.2026. He seeks enlargement of accused on bail. Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kamlesh .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. for State 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 nature of injuries, the civil dispute pending between the accused applicant and the father of victim and prima facie unexplained delay of FIR and medico legal report, the accused/applicant is entitled to be released 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. October 1, 2026 Sharad/- BAIL No. 35099 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad