Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 14341 (ALL)

UJJWAL KUMAR PATHAK v. STATE OF U.P.

BAIL/34412/2026 · 2026-10-05

Avnish Saxena

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34412 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Akhilesh Kumar Yadav, learned counsel for accused applicant and learned A.G.A. for State. 1A. Sri Yadav, learned counsel for the applicant hands up the supplementary affidavit annexing the additional document in support of bail application, the same is taken on record. 2. The present bail application has been moved by the applicant/ accused- Ujjwal Kumar Pathak to enlarge him on bail in Case Crime No. 0119 of 2026, under Sections 316(3), 319(2), 338, 336(3), 340(2) BNS, P.S.- Pipari, District- Sonbhadra, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant is not named in the FIR dated 17.06.2026 lodged by one Umesh Chandra Shah, the officials of Hindalco Company with the allegation that the Truck bearing no. JH24A0027 ladden with Aluminum is missing while in transit the driver of the truck Akshay Kumar Yadav and Vinod Kumar, the truck owner are missing along with the truck and material. It is the contention of learned counsel that accused/applicant has been arrested from Sonbhadra on the basis of tip off. It is on the diclosure statement that the accused/applicant has been made accused in this case with the role that the accused/applicant has impersonated as Akshay Kumar Yadav, the driver of the truck, who has taken out the truck from the company. He further submits that except the statement of witnesses Versus Counsel for Applicant(s) : Akhilesh Kumar Yadav, Chandra Mohan Saran Yadav Counsel for Opposite Party(s) : G.A. Ujjwal Kumar Pathak .....Applicant(s) State of U.P. .....Opposite Party(s) against the accused/applicant, there is no other document to show that the accused/applicant has impersonated any person or manufactured any document or taken out the truck from the company. The charge sheet is submitted. The applicant has no criminal history. The accused applicant is languishing in jail since 15.07.2026. He seeks to be enlarged 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 except the disclosure statement of the accused/applicant apparently there is no other material available, 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. October 6, 2026 Abhishek Sri. BAIL No. 34412 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad