BAIL/33845/2026 of PRAKASHI Vs STATE OF U.P. on 29 September 2026

1. Supplementary affidavit has been filed annexing additional documents in support of the bail application, the same is taken on record. 1A. Heard Sri Gaurav Singh Chauhan, learned advocate, holding the brief, appears for the accused applicant and learned A.G.A. for the State.

2. The present bail application has been moved by the applicant accused- Prakashi to enlarge him on bail in Case Crime No. 340A of 1995, under Sections 147, 148, 149, 307 of IPC, P.S.- Majhola, District- Moradabad during the pendency of trial.

3. It is the contention of learned counsel for accused applicant that the accused applicant was falsely implicated in FIR lodged in the year 1995. He has approached this Court in an Application U/S 482 No.3782 of 1997 (Prakashi & Others Vs. State of U.P. & Another) wherein this Court in order dated 17.6.1997 has passed the interim order staying the proceedings, which is mentioned in order dated 17.11.2018 of the court of Additional Chief Judicial Magistrate annexed at page No.32 of the supplementary affidavit. It is further contended that on 19.8.2010 the interim order was vacated. The accused applicant was not aware about these proceedings and also did not appear before the trial court as it was stayed. It is further contended that no processes have ever been served on the accused applicant. It is on the subsequent date, the accused applicant came to know about the pendency of the case and surrendered himself before the court on 19.5.2026. The applicant has two cases criminal Versus Counsel for Applicant(s) : Deepak Singh Counsel for Opposite Party(s) : G.A. Prakashi .....Applicant(s) State of U.P. .....Opposite Party(s)

history, wherein one case, he has been acquitted and in one case, he is on bail, the bail order could not procured being old case. 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 that initially, there was stay of the proceedings during which period, the accused applicant could not appear before the trial court and that there is no substance that the processes have ever been served on the accused applicant, 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. September 30, 2026 Krishna* BAIL No. 33845 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad