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2026 DAILYLAW 9220 (ALL)

PULKIT CHAUDHARY v. STATE OF U.P.

BAIL/34190/2026 · 2026-09-23

Avnish Saxena

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34190 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Lal Chandra Mishra, learned advocate, holding the brief, appeared for the accused-applicant, Sri Kapil Kumar, learned counsel for the informant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Pulkit Chaudhary to enlarge him on bail in Case Crime No. 370 of 2026, under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) BNS, P.S.- Phase-2 Noida, District- Gautam Buddh Nagar, during the pendency of trial. 3. It is contended by learned counsel for the accused-applicant that the accused-applicant has not been named in the F.I.R. dated 23.08.2026 lodged at 21:45 hours for the incident occurred on the same day at 12:30 p.m. with the allegation that four named and 15-20 anonymous persons had assaulted the informant and his family members, namely, Vikas, Pradeep and Ankit along with the informant Shiv Ram. The injured suffered grievous injuries. Further contended that the four persons have been named in the F.I.R. They have been provided the specific role. The weapon used in the assault is iron rod. Further contended that the accused-applicant has been implicated in the F.I.R. merely, because he is relative of the accused and no overt act has been attributed on the accused. There is an eye witness, Sunder Bhati, who has named him, but there is no specific role shown. There was a property dispute between the parties, which led to the implication of the accused persons. He is resident of Delhi. The investigation is continuing. He is cooperating in the Versus Counsel for Applicant(s) : Subedar Mishra Counsel for Opposite Party(s) : G.A., Kapil Kumar, Sandhya Singh Pulkit Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) investigation. The applicant has no criminal history. The applicant is in jail since 24.08.2026 and hence, the applicant seeks to be released on bail. 4. Learned counsel for the informant and learned A.G.A. for State have opposed the prayer for bail of the applicant and submitted that there are four injured persons, who suffered grievous injuries on their person including the fracture. The injuries are grievous in nature. One of the accused have also tried to throttle the neck to kill. Hence, the applicant, who is involved in the incident, may not be released on bail. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considered the omnibus allegation against the accused and without assigning any specific role. 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 Shivangi BAIL No. 34190 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad