Allahabad High Court
BAIL/34750/2026 of SAMSUDDIN AND ANOTHER Vs STATE OF U.P. on 29 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34750 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Manoj Kumar, learned counsel for the accused-applicants and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicants
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34750 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Manoj Kumar, learned counsel for the accused-applicants and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicants Samsuddin & Aas Mohammad to enlarge them on bail in Case Crime No. 253 of 2026, under Sections 140(1), 126(2), 351(3) BNS, P.S.- Sikariganj, District- Gorakhpur, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicants that the accused-applicants have been falsely implicated in F.I.R. dated 01.09.2026 lodged by the mother of abductee Kishan with the allegation that applicant no.1 Samsuddin has abducted her son in an auto and taken him near the river, tied up with rope and threatened him of drowning, if he will not admit the theft. Further contended that the accused-applicant, other co-accused and the abductee are children and were playing. Further contended that it is during the game that victim was tied up with rope, which was not with the intention of committing any injury to the injured Kishan. There is an enmity between the parties, which led to lodging of the F.I.R. with delay. Further contended that the applicants have no criminal history. The investigation is continuing. They are cooperating in the investigation. The applicants are in jail since 01.09.2026 and hence, the applicants seek to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the applicants, but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Samsuddin And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.
6. Considered that it is no injury case and the accused-applicants have no criminal history.
7. Hence, without touching merit of the case, the bail application is allowed.
8. The accused/applicants 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-applicants shall cooperate in judicial process for fair and speedy disposal.
10. The accused persons are restraint from any kind of influence exercised either on the informant or the abductee, in case of any reported influence, the informant or the abductee are free to move the bail cancellation before the sessions court. September 30, 2026 Shivangi BAIL No. 34750 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad