Radhey Shyam v. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32342 of 2026

Radhey Shyam

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Rajeev Upadhyay
Counsel for Opposite Party(s) : G.A.

Court No. - 69

HON'BLE AVNISH SAXENA, J.

1. Heard Sri Rajeev Upadhyay, learned counsel for accused applicant and learned A.G.A. for State.

1. The present bail application has been moved by the applicant accused- Radhey Shyam to enlarge him on bail in Case Crime No. 140 of 2026, under Sections 109(1), 3(5), 117(2) BNS, P.S.- Raunapar, DistrictAzamgarh, during the pendency of trial.

1. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in belated FIR dated 01.06.2026 lodged by the brother of injured against two named persons excluding the accused applicant. It is alleged in the FIR that due to old enmity, the two co-accused and one anonymous person had assaulted the brother of injured with lathi danda which led to seven injuries with one fracture of shoulder. It is further contended that the name of accused applicant has been figured out from the statement of the independent witness Mithilesh after one month of the incident. Further submitted that FIR is delayed. The accused applicant has criminal history of three cases wherein he is on bail. The charge sheet is submitted. The accused applicant is languishing in jail since 30.07.2026. He seeks enlargement of accused on bail.