BAIL/31852/2026 of ASHOK YADAV Vs STATE OF U.P. on 22 September 2026

1. Learned counsel for the applicant hands up the supplementary affidavit disclosing criminal history, the same is taken on record. 1A. Heard Sri Apul Mishra, learned Senior Advocate, assisted by Sri Chandra Prakash Mishra, learned counsel holding brief appeared for the accused-applicant, Sri Ashwani Kumar Soni, 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 Ashok Yadav to enlarge him on bail in Case Crime No. 385 of 2026, under Sections 109(1), 117(3), 352 BNS, P.S.- Uttar, District- Firozabad, during the pendency of trial.

3. It is contended by learned Senior Counsel for the accused-applicant that the accused-applicant has been falsely implicated in the F.I.R. dated 07.07.2026 with the allegation levelled by the brother-in-law of the injured Amrendra that while Amrendra went for a walk at night, the accused persons including the accused-applicant had assaulted him by the iron rod with the intention to kill. Further submits that there was some altercation between the parties and due to sudden fight there was assault, wherein both father and son have been implicated in the F.I.R. Further submits that the injured suffered three injuries, as per the medico legal examination, wherein one injury suffered is damage of the eye of injured. Further submits that the nature of injuries are not of such magnitude to show that it was inflicted with the intention to kill. The investigation is Versus Counsel for Applicant(s) : Devvrat Misra, Sr. Advocate Counsel for Opposite Party(s) : Ashwani Kumar Soni, G.A. Ashok Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)

continuing. He is cooperating in the investigation. The applicant has one case criminal history wherein the proceeding is stayed by this Court. The applicant is in jail since 07.07.2026 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 the accused-applicant and the injured know each other, as he is friend of the son of accused, who has committed suicide and the accused persons had considered that the accused-applicant was instrumental in the said suicide. Further submit that the independent witnesses, who have been examined during investigation, have stated that the injured was smoking, when the accused persons had started assaulting. It was a pre-meditated act on the part of the accused persons. As such, the bail application be rejected.

5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.

6. Considered the nature of injuries and the alleged weapon used, which prima facie does not show that it was inflicted with the intention to kill.

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 Abhishek Sri. BAIL No. 31852 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad