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2026 DAILYLAW 6767 (ALL)

DIVYANSH PANDEY v. STATE OF U.P.

BAIL/31816/2026 · 2026-09-08

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31816 of 2026 Court No. - 68 (Sr. No.25 out of 172 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri Shahzad Alam, Advocate holding brief of Ms. Gulhuma, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.180 of 2026, under Sections 103(1), 61(2), 238, 309(4), 317(2) B.N.S., Police Station Belipar, District Gorakhpur, during the pendency of trial. 4. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the name of the applicant has come up in the confessional statement of the co-accused, which has no evidentiary value in the eyes of law and that even the CCTV footage does not indicate the presence of the applicant at the place of occurrence, and without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 5. Let the applicant- Divyansh Pandey, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 6. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. (Krishan Pahal,J.) September 9, 2026 (Ravi Kant) Versus Counsel for Applicant(s) : Gulhuma, Sr. Advocate, Vimal Kumar Pandey Counsel for Opposite Party(s) : G.A. Divyansh Pandey .....Applicant(s) State of U.P. .....Opposite Party(s) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad