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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33336 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Saurabh Kesarwani, learned counsel for the accused- applicant and learned A.G.A. for the State. 1A. Learned counsel for the applicant hands up the supplementary affidavit explaining the criminal history of accused-applicant. The same is taken on record. 2. The present bail application has been moved by the accused-applicant Goldee Kumar to enlarge him on bail in Case Crime No. 772 of 2026, under Sections 115(2), 351(2), 109(1), 191(2), 191(3), 351(3), 352 BNS, P.S.- Khurja Nagar, District- Bulandshahr, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has been implicated in F.I.R. dated 15.07.2026 lodged for the incident of 14.07.2026 occurred at 22:30 hours, wherein four persons including the accused-applicant have been named and some anonymous persons were implicated by Hemant Raghav with the allegation that his brother Alok Singh and Shekhar were returning after filing the petrol from the petrol pump, when intercepted by all the accused persons, who have started assaulting them with lathi and danda. The co- accused Dushyant had also opened fire on Alok. The father of injured, Alok and Shekhar when reached to rescue them, has also been assaulted by the accused persons. It is alleged that three persons suffered injuries. Further contended that Alok suffered two fractures. One on his radial bone and another on his nasal bone. Shekhar suffered fracture of tempo Versus Counsel for Applicant(s) : Darshan Gupta, Saurabh Kesarwani Counsel for Opposite Party(s) : G.A. Goldee Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
parietal bone and Raj Kumar, the father also suffered four injuries, with no supplementary medical report. The applicant has been implicated as the cousin sister of co-accused Vivek and Dushyant was enticed by the injured Alok and accused-applicant is a friend of co-accused. He has no specific role assigned. The country made pistol is recovered from his instance during the investigation, in absence of the independent witness. There is no gun shot injury. The investigation is continuing. He is cooperating in the investigation. The applicant is in jail since 17.07.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts. 5.
This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered the role of accused-applicant and the recovery has been made in the absence of independent witness. 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 18, 2026 Shivangi BAIL No. 33336 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad