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2026 DAILYLAW 13890 (ALL)

GOVIND v. STATE OF U.P.

BAIL/34461/2026 · 2026-10-05

Avnish Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34461 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Varinder Singh, learned counsel for the applicant has hands up supplementary affidavit explaining criminal history, the same is taken on record. 1A. Heard Sri 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- Govind to enlarge him on bail in Case Crime No. 322 of 2026, under Sections 317(2), 317(5), 112(2), 318(4), 317(4), 338, 336(3), 340(2), 3(5) of BNS, P.S.- Devaraniya, District- Bareilly during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that on 4.8.2026 the police has arrested three accused, namely, Rohit Govind (applicant) and Ashok from the spot. It is on their pointing out, other six co-accused were arrested and nine stolen motorcycles were recovered by the police. The arrest and recovery has been made in absence of the independent witnesses. The accused applicant has no prior criminal history but while his arrest and recovery of motorcycles, he has been implicated in four other cases of motorcycle theft wherein, he is in jail. The investigation is continuing. He is co-operating in the investigation. The applicant is languishing in jail since 4.8.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. Versus Counsel for Applicant(s) : Varinder Singh Counsel for Opposite Party(s) : G.A. Govind .....Applicant(s) State of U.P. .....Opposite Party(s) 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 arrest and recovery has been made in absence of the independent witnesses, 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. October 6, 2026 Krishna* BAIL No. 34461 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad