BAIL/34666/2026 of SHEKHAR Vs STATE OF U.P. on 28 September 2026

1. Supplementary affidavit has been filed explaining the criminal history, the same is taken on record. 1A. 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- Shekhar 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. It is further contended that during investigation, name of the accused-applicant has been figured out from the statement of injured Ankit, who has show the involvement of the accused applicant but there is no specific role attributed on him. There is Versus Counsel for Applicant(s) : Subedar Mishra Counsel for Opposite Party(s) : G.A., Kapil Kumar, Sandhya Singh Shekhar .....Applicant(s) State of U.P. .....Opposite Party(s)

enmity between the parties pertaining to the property which led to the taking of his name in the present case. There was a property dispute between the parties, which led to the implication of the accused persons. The investigation is continuing. He is cooperating in the investigation. The applicant has one case criminal history, in which, he is on bail. 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 29, 2026 Krishna* BAIL No. 34666 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad