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2026 DAILYLAW 11488 (ALL)

SUNIL KUMAR v. STATE OF U.P.

BAIL/33715/2026 · 2026-09-28

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33715 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit has been filed explaining criminal history, the same is taken on record. 1A. Heard Sri Bhuvnesh Kumar Singh, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Sunil Kumar to enlarge him on bail in Case Crime No. 492 of 2026, under Sections 109(1), 131, 115(2), 351(2) of BNS, P.S.- Kotwali City, District- Bijnor during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the accused applicant has been implicated in FIR dated 27.6.2026 lodged by one of the injured Sarita against four accused persons including the accused applicant with the allegation that on 26.6.2026 there was an assault on the informant and her husband Bhupendra Singh carried out by the accused persons with favda, wherein Bhupendra Singh suffered grievous injuries on his head as there is reported fracture. It is further contended that root cause for the implication is the initial transfer of property by the father of informant in favour of accused applicant and due to fight among children, the elders have been involved. It is further contended that the accused applicant Sunil Kumar also suffered injury on his person. His brother has moved a complaint before the Superintendent of Police Bijnor against the injured and three others. The FIR is not registered and the accused applicant has resorted to an application under Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) Section 173(4) BNSS. It is further contended that except one injury, no other injury is serious in nature. The accused applicant is co-operating in the investigation, which is continuing. The applicant has one case criminal history, which is of Electricity Act, wherein final report is submitted. The applicant is languishing in jail since 1.8.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed 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. Considering the nature and number of injury and the cross version of the FIR, the accused applicant is entitled to be enlarged 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 29, 2026 Krishna* BAIL No. 33715 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad