Kallu @ Gulam Husain vs State Of U.P.

1. Heard, Learned counsel for the applicant, Sri Chinta Mani Yadav, the Learned counsel for the informant, the Learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.09 of 2026, under Sections 191(2), 118(2), 115(2), 352 & 351(3) B.N.S., Police Station- Kotwali Bansi, District- Siddharth Nagar.

3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He contends that role of catching hold has been assigned to the applicant and the main role for causing grievous injury on the injured has been given to the co-accused Ashok Yadav. The applicant has no criminal antecedents and he is in jail since 11.03.2026.

4. Sri Chinta Mani Yadav, the Learned counsel for the informant and the Learned A.G.A. have opposed the prayer for grant of bail, however, could not dispute the submission of the applicant that the role of causing injury on the injured has been given to the co-accused Ashok Yadav. They have, however, contended that the applicant has participated in the crime in question and has been specifically nominated in the First Information Report. The investigation is still pending and the applicant may be required for any further custodial interrogation or recoveries.

5. I have considered the submissions made by the Learned counsels for the parties and perused the record.

6. A perusal of the First Information Report indicates that a general role of assault has been levelled on the applicant and the other accused persons. The specific role of using a slingshot and assaulting the injured, which led to him receiving grievous injury on his eye has been given to co-accused Ashok Yadav. The applicant has no criminal antecedents.

7. Keeping in view the role assigned to the applicant which is only of catching hold and the lack of criminal antecedents of the applicant who is in jail since 11.03.2026, I deem it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Kallu @ Gulam Husain, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned.

10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)

May 6, 2026

Sachin