Allahabad High Court

BAIL/33847/2026 of ROSHAN YADAV Vs STATE OF U.P. on 22 September 2026

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JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33847 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Sanjay Kumar Yadav, learned counsel for the accused- applicant, Sri Azaz Ahmad, learned counsel for the informant and learned A.G.A. for the State. 2. The present

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 33847 of 2026

Court No. - 69

HON'BLE AVNISH SAXENA, J.

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1. Heard Sri Sanjay Kumar Yadav, learned counsel for the accused- applicant, Sri Azaz Ahmad, learned counsel for the informant and learned A.G.A. for the State.

2. The present bail application has been moved by the accused-applicant Roshan Yadav to enlarge him on bail in Case Crime No. 219 of 2026, under Sections 109(1), 351(3) BNS, P.S.- Kaptanganj, District- Azamgarh, during the pendency of trial.

3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in belated F.I.R. dated 10.07.2026 lodged by the informant for the incident of 01.07.2026 with the allegation that the accused-applicant has assaulted the informant with iron rod, as there is some monetary transaction between the two, which led to assault. Further contended that the injured suffered four injuries, out of which, one is shown as linear fracture of the left temporal bone. Further submits that there is over writing in one NCCT Scan. There is no endorsement on the said hand written medical report, although the NCCT Scan has shown no bony injuries seen. The charge sheet is submitted. The applicant has no criminal history. The applicant is in jail since 05.08.2026 and hence, the applicant seeks to be released on bail.

4. Learned counsel for the informant and learned A.G.A. for State have opposed the prayer for bail of the applicant and submitted that there is Versus Counsel for Applicant(s) : Kiran Yadav, Sanjay Kumar Yadav Counsel for Opposite Party(s) : Azaz Ahmad, G.A., Vineet Kumar Yadav Roshan Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)

injury threatening to life on the person of injured and there is clear statement of the injured about the role of accused-applicant and hence, seeks rejection of 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. Considered the role of accused-applicant, nature and number of injuries and over writing on the NCCT Scan.

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 23, 2026 Shivangi BAIL No. 33847 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

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