Allahabad High Court
BAIL/34227/2026 of DEEPAK Vs STATE OF U.P. on 23 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34227 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Kapil Tyagi, learned counsel for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34227 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Kapil Tyagi, learned counsel for the accused-applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant Deepak to enlarge him on bail in Case Crime No. 330 of 2026, under Sections 109(1), 118(1), 351(2) BNS, P.S.- Phase-1, Noida, District- Gautam Buddh Nagar, during the pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the F.I.R. has been lodged on 06.07.2026 by the mother of one of the injured with the allegation that on 05.07.2026 at undisclosed time, the accused- applicant and another accused-applicant (nephew of Pramod) had assaulted the two injured, namely, Vivek and Dharmendra. Further contended that in actuality, there is only one accused as the nephew of Pramod is also referred to the accused-applicant. Further submits that the medico-legal examination report of both the injured Vivek and Dharmendra shows that when they were brought before the doctor, they were under the influence of liquor. The stab wound, which is shown, is doubted by the doctor in its opinion. The injuries are stated to be simple in nature. There is no recovery of any weapon. Further contended that due to old enmity, the accused-applicant has been falsely implicated in this case, as father of accused has initially lodged the F.I.R. against the injured Vivek. In this backdrop, the counterblast F.I.R. has been lodged. They might have sustained injuries somewhere else and falsely implicated. It is therefore, no time of incident reported in the F.I.R. The investigation is Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s)
continuing. He is cooperating in the investigation. The applicant has one case criminal history, wherein he is on bail. The applicant is in jail since 06.07.2026 and hence, the applicant seeks to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the applicant, but could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.
6. Considered the medical opinion of the doctor and that no specific time of incident is shown.
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. 34227 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad