HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30699 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Saurabh Kesarwani, learned counsel for the accused- applicant, Ms. Sakshi Srivastava, learned counsel for the informant and learned A.G.A. for the State. 1A. Learned counsel for the applicant hands up the second 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 Upkar alias Jhalak 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 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, they have started assaulting them with lathi and danda. It is further contended that the accused/applicant is not named in the FIR. The co-accused Dushyant had also opened fire on Alok. The father of injured, Alok and Shekhar when reached to rescue Versus Counsel for Applicant(s) : Mehul Khare, Saurabh Kesarwani Counsel for Opposite Party(s) : Ashutosh Kumar Singh, G.A., Sakshi Srivastava Upkar Alias Jhalak .....Applicant(s) State of U.P. .....Opposite Party(s) 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 tempro parietal bone and Raj Kumar, the father also suffered four injuries, with no supplementary medical report. The applicant has no specific role assigned. The name of accused/applicant is not mentioned in the FIR. The name of accused/applicant has subsequently been taken by the informant and injured. He has one case criminal history in which he is on bail. The investigation is continuing and he is cooperating with the investigation. There is no gun shot injury. The investigation is continuing. He is cooperating in the investigation. The applicant is in jail since 16.07.2026 and hence, the applicant seeks to be released on bail. 4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts and submitted that it is true that the name of accused/applicant is not mentioned in the FIR but the FIR is not an encyclopedia. The injury sustained by the injured are dangerous to life. The name of accused/applicant has been taken by the injured and informant on the very next day while recording their statement under Section 180 BNSS. Hence, seeks rejection of application. 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 that the accused/applicant has not been named in the FIR, which itself is apparently delayed, 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 BAIL No. 30699 of 2026 2 re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 23, 2026 Abhishek Sri. BAIL No. 30699 of 2026 3 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad