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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31047 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Sri Uttar Kumar Goswami, learned counsel for applicant hands up second supplementary affidavit explaining the criminal history, the same is taken on record. 1A. Heard Sri Goswami, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Deepak Kumar Urf Nati to enlarge him on bail in Case Crime No. 429 of 2025, under Sections 191(2), 191(3), 117(2), 115(2), 352, 351(2), 109(1) of BNS, P.S.- New Agra, District- Agra, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in belated FIR dated 08.12.2025 lodged by the father of injured Bhagwati Prasad with the allegation that on 06.12.2025, his son was called at Cake house Jeevan Jyoli, Agra, where the four accused persons including the accused applicant and two anonymous persons have assaulted him with iron rod. It is the contention of learned counsel that eleven injuries were suffered by the injured. There is no specific role assigned to the accused applicant. The only grievous injury is fracture of upper shaft of tibia. The applicant has not been assigned any specific role by the injured in his statement. The applicant has criminal history of two cases wherein he is on bail. The main accused according to the statement of injured is Om Thakur, who has already been Versus Counsel for Applicant(s) : Uttar Kumar Goswami Counsel for Opposite Party(s) : G.A. Deepak Kumar Urf Nati .....Applicant(s) State of U.P. .....Opposite Party(s)
granted bail by co-ordinate Bench of this Court in order dated 01.04.2026. The accused applicant is languishing in jail since 18.06.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering the role assigned to the accused applicant and the main accused has already been granted bail by co-ordinate Bench of this Court, 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. September 24, 2026 Sharad/- BAIL No. 31047 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad