Allahabad High Court
BAIL/34865/2026 of KALA @ UMARDARAJ Vs STATE OF U.P. on 29 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34865 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Mehdi Abbas, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Kala @
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34865 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Mehdi Abbas, learned counsel for accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused- Kala @ Umardaraj to enlarge him on bail in Case Crime No. 224 of 2025, under Sections 109(1), 3(5) BNS and Section 3/5/8 Cow Slaughter Act, P.S.- Doghat, District- Baghpat, 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 17.09.2025 lodged by the police against six named and 2-3 anonymous persons with the allegation that co-accused Rizwan was arrested by the police, who was indulged in firing at the police person along with other co-accused and dead cattle was also recovered. It is the contention of learned counsel that accused applicant was shown sprinted away from the place of incident. The co-accused Rizwan has also suffered gunshot injury at the hand of police. There is no recovery of any incriminating weapon against the accused applicant. The arrest and recovery have been made in the absence of any independent witness. Further submits that co-accused Rizwan, who has main role and was arrested on the spot, has already been granted bail by co-ordinate Bench of this Court. The accused applicant has criminal history of 14 cases wherein all cases, he is on bail. Charge sheet is submitted. The accused applicant is languishing in jail since 07.06.2026. He seeks enlargement of accused on bail. Versus Counsel for Applicant(s) : Faisal Hasan Abidi, Mehdi Abbas Counsel for Opposite Party(s) : G.A. Kala @ Umardaraj .....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 that the name of accused applicant is figured out from the statement of co-accused and there is no recovery, 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. September 30, 2026 Sharad/- BAIL No. 34865 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad