BAIL/34591/2026 of TUSHAR KUMAR Vs STATE OF U.P. on 28 September 2026

1. Heard Sri Lal Chandra Mishra, learned counsel holding brief appeared for accused applicant, Sri Kapil Kumar, learned counsel for the informant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit annexing the supplementary medical report of Injured Vikas, the same is taken on record.

2. The present bail application has been moved by the applicant/ accused- Tushar Kumar 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 Budh Nagar, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused applicant and other co-accused have been implicated in FIR dated 23.08.2026 lodged by Shiv Ram Sharma against five named and 15-20 anonymous persons with the allegation that the informant went to the office of accused persons for the some property dealing which led to the assault made by the named accused and anonymous persons on the son and nephew of the informant wherein both Vikas and Ankit suffered injuries. It is the contention of learned counsel that there are false implication. The weapon shown in the FIR used by the accused persons are lathi, danda, iron rod and butt of the pistol. It is contended that the supplementary medical report shows no abnormality detected while Versus Counsel for Applicant(s) : Subedar Mishra Counsel for Opposite Party(s) : G.A., Kapil Kumar, Sandhya Singh Tushar Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)

analyzing the injuries sustained by Vikas. Both the injured suffered simple injuries. The applicant is not having any criminal history. The investigation is continuing and he is cooperating in the investigation. The accused applicant is languishing in jail since 24.08.2026. He seeks to be enlarged on bail.

4. Learned A.G.A. for State and learned counsel for the informant have opposed the prayer for bail and submit that the specific role is assigned to the accused/applicant and there was dispute pertaining to the property. Hence seeks that the bail application be rejected.

5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.

6. Considering the nature and number of injuries sustained by the injured and nearly 25 persons were shown involved in the incident, 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 29, 2026 Abhishek Sri. BAIL No. 34591 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad