UPKAR ALIAS JHALAKversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30699 of 2026

Upkar Alias Jhalak
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Mehul Khare, Saurabh Kesarwani
Counsel for Opposite Party(s) : Ashutosh Kumar Singh, G.A., Sakshi
                                Srivastava

Court No. - 69
                     HON'BLE AVNISH SAXENA, J.

1. Heard Sri Saurabh Kesarwani, learned counsel for the accused-
applicant, Ms. Sakshi Srivastava, learned counsel for the informant and
learned A.G.A. for the State.

1A. Learned counsel for the applicant hands up the second supplementary
affidavit explaining the criminal history of accused-applicant. The same is
taken on record.

2. The present bail application has been moved by the accused-applicant
Upkar alias Jhalak to enlarge him on bail in Case Crime No. 772 of
2026, under Sections 115(2), 351(2), 109(1), 191(2), 191(3), 351(3), 352
BNS, P.S.- Khurja Nagar, District- Bulandshahr, during the pendency of
trial.

3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been implicated in F.I.R. dated 15.07.2026 lodged
for the incident of 14.07.2026 occurred at 22:30 hours, wherein four
persons have been named and some anonymous persons were implicated
by Hemant Raghav with the allegation that his brother Alok Singh and
Shekhar were returning after filing the petrol from the petrol pump, when
intercepted by all the accused persons, they have started assaulting them
with lathi and danda. It is further contended that the accused/applicant is
not named in the FIR. The co-accused Dushyant had also opened fire on
Alok. The father of injured, Alok and Shekhar when reached to rescue
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                               2


them, has also been assaulted by the accused persons. It is alleged that
three persons suffered injuries. Further contended that Alok suffered two
fractures. One on his radial bone and another on his nasal bone. Shekhar
suffered fracture of tempro parietal bone and Raj Kumar, the father also
suffered four injuries, with no supplementary medical report. The
applicant has no specific role assigned. The name of accused/applicant is
not mentioned in the FIR. The name of accused/applicant has
subsequently been taken by the informant and injured. He has one case
criminal history in which he is on bail. The investigation is continuing
and he is cooperating with the investigation. There is no gun shot injury.
The investigation is continuing. He is cooperating in the investigation.
The applicant is in jail since 16.07.2026 and hence, the applicant seeks to
be released on bail.

4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail of the applicant, but could not dispute the
aforesaid facts and submitted that it is true that the name of
accused/applicant is not mentioned in the FIR but the FIR is not an
encyclopedia. The injury sustained by the injured are dangerous to life.
The name of accused/applicant has been taken by the injured and
informant on the very next day while recording their statement under
Section 180 BNSS. Hence, seeks rejection of application.

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

6. Considered the role of accused-applicant and that the accused/applicant
has not been named in the FIR, which itself is apparently delayed, 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
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                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                          (Avnish Saxena,J.)
                                    September 23, 2026
                                    Abhishek Sri.




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad