Allahabad High Court
BAIL/34695/2026 of PREM CHANDRA ALIAS CHHOTU AND ANOTHER Vs STATE OF U.P. on 28 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34695 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Manoj Kumar, learned counsel for accused applicants and learned A.G.A. for the State. 2. The present bail application has been moved by the accused applicants- Prem
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34695 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Manoj Kumar, learned counsel for accused applicants and learned A.G.A. for the State.
2. The present bail application has been moved by the accused applicants- Prem Chandra Alias Chhotu and Gulsan Kumar Alias Bulbul to enlarge him on bail in Case Crime No. 89 of 2026, under Sections 109(1), 352, 351(3) of BNS, P.S.- Bahariyabad, District- Ghazipur during the pendency of trial.
3. It is the contention of learned counsel for accused applicants that the accused applicants have been falsely implicated in belated FIR dated 14.6.2026 lodged at 19:06 hrs for the incident dated 13.6.2026 lodged at 22:30 hrs lodged by the injured informant against three accused persons including the accused applicant with the allegation that there was some old enmity between the parties due to which the accused hurled abuses, intercepted and assaulted him with lathi, danda and iron rod. It is further contended that the injuries are simple in nature as no abnormality was deducted in the supplementary medico legal examination report. The co- accused Gulsan has also suffered injuries in the incident and he has moved an application under Section 173(4) BNSS but the application was rejected and the applicant had resorted to moving an appeal before the High Court as the matter pertains to SC/ST Act. It is further contended that the charge sheet has been submitted. The applicant has no criminal history. The applicants are in jail since 22.6.2026. He seeks enlargement Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Prem Chandra Alias Chhotu And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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 the nature and number of injuries and the apparent delay in lodging the FIR, 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 29, 2026 Krishna* BAIL No. 34695 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad