Allahabad High Court
BAIL/29398/2026 of GURUVACHAN Vs STATE OF U.P. on 7 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29398 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Shailesh Kumar Shukla, learned counsel for the applicant hands up the supplementary affidavit annexing the statement of victim and his wife, the same is taken on record.
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29398 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Sri Shailesh Kumar Shukla, learned counsel for the applicant hands up the supplementary affidavit annexing the statement of victim and his wife, the same is taken on record. 1A. Heard Sri Shukla, learned counsel for accused applicant and learned A.G.A. for State.
2. This is second bail application of the accused/applicant. The first bail application of the accused/applicant has been rejected in order dated 11.08.2025 in Crl. Misc. Bail Application No. 24804 of 2025 (Guruvachan Vs. State of U.P.). 2A. The present bail application has been moved by the applicant/ accused- Guruvachan to enlarge him on bail in Case Crime No. 283 of 2024, under Sections 115(2), 352, 117(3) BNS, P.S.- Nanauta, District- Saharanpur, during the pendency of trial.
3. As per prosecution case, in brief, complainant, who is an injured, got F.I.R. lodged on 06.12.2024 for the offence under Sections 115(2), 352, 117(3) BNS against the applicant Guruvachan, co-accused Shivam and Rampal with the allegation that on 04.12.2024 at 07:30 P.M., accused persons came to his house and started abusing, on retraining them, they started beating him with sticks. The applicant Guruvachan attacked him with knife, due to which a part of his left ear got cut off. When his wife came to save him, they assaulted her. It is further contended that the wife of injured has turned hostile to the prosecution and the injured/informant has also not Versus Counsel for Applicant(s) : Shailesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Guruvachan .....Applicant(s) State of U.P. .....Opposite Party(s)
supported his version, which is alleged in the FIR. Hence, prayed that the accused applicant, who is in jail since 13.12.2024 be released on bail.
4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail.
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 informant wife turned hostile to the prosecution and injured has not supported the prosecution version, 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 8, 2026 Abhishek Sri. BAIL No. 29398 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad