BAIL/34163/2026 of JANO Vs STATE OF U.P. on 30 September 2026

1. Heard Sri Deepak KUmar, learned counsel for accused applicant, Sri Zia Uddin, learned counsel for the informant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant/ accused- Jano to enlarge him on bail in Case Crime No. 295 of 2026, under Sections 115(2), 352, 109(1), 351(3) and 3(5) BNS, P.S.- Dhampur, District- Bijnor, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the FIR has been lodged on 25.07.2026 by the injured/informant Farzana against four named accused persons including the accused/applicant with the allegation that the accused persons entered the house of the informant and started assaulting her nephew Gulzar by sharp edged weapon, while she came to rescue him, she has also been assaulted. It is further contended that there is no specific date and time of the incident mentioned in the FIR, although medico legal examination of both the injured has been carried out on 24.07.2026 at 06:45 p.m. and 07:05 p.m. It is further contended that the weapon was hard and blunt. There is no supplementary medical report of informant Farzana, whereas the supplementary medical report of Gulzar shows fracture of left temporal bone. No specific role is attributed by accused/applicant, who is a lady. It is further contended that the accused/applicant has no criminal history. The investigation is continuing and the accused/applicant is cooperating in the trial. The Versus Counsel for Applicant(s) : Deepak Kumar Counsel for Opposite Party(s) : G.A., Zia Uddin Jano .....Applicant(s) State of U.P. .....Opposite Party(s)

accused applicant is languishing in jail since 07.08.2026. He seeks to be enlarged on bail.

4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail and submit that specific role have been assigned to all the accused persons that they have entered the house and assaulted the informant and her nephew, due to which Gulzar suffered fatal injury on his head. Further submits that the accused/applicant and informant are neighbours and there was some dispute between them. Hence, seeks that the bail application be rejected.

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 and numbers of injuries and there is no specific date and time of the incident and apparent change of weapon, 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 Abhishek Sri. BAIL No. 34163 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad