Allahabad High Court
DEEPAK KUMAR URF NATIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Deepak Kumar Urf Nati, who was arrested in connection with an assault case (Crime No. 429 of 2025) involving alleged injuries to Bhagwati Prasad. The FIR, dated 08‑12‑2025, named four accused including the applicant, but did not assign any specific role to him, while the main accused Om Thakur had already been granted bail by a coordinate bench. The applicant, who has two other pending cases and has been in custody since 18‑06‑2026, sought enlargement of bail. The State opposed the relief, citing the applicant’s criminal history. After reviewing the submissions, the Court held that, given the lack of a specific role and the bail already granted to the main accused, the applicant was entitled to bail and ordered his release on personal bond and sureties, referencing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail.
Issues considered
- Whether an accused with no specific role assigned in the FIR is eligible for bail during trial.
- Whether the grant of bail to the main accused affects the bail eligibility of co‑accused.
- Whether the applicant’s prior criminal history and pending cases preclude bail.
Legislation cited
- BNS — s. 109(1), 115(2), 117(2), 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- false implication
- assault
- personal bond
- surety
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31047 of 2026
Deepak Kumar Urf Nati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Uttar Kumar Goswami
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Uttar Kumar Goswami, learned counsel for applicant hands up
second supplementary affidavit explaining the criminal history, the same
is taken on record.
1A. Heard Sri Goswami, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Deepak Kumar Urf Nati to enlarge him on bail in Case Crime No. 429
of 2025, under Sections 191(2), 191(3), 117(2), 115(2), 352, 351(2),
109(1) of BNS, P.S.- New Agra, District- Agra, during the pendency of
trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in belated FIR dated 08.12.2025
lodged by the father of injured Bhagwati Prasad with the allegation that
on 06.12.2025, his son was called at Cake house Jeevan Jyoli, Agra,
where the four accused persons including the accused applicant and two
anonymous persons have assaulted him with iron rod. It is the contention
of learned counsel that eleven injuries were suffered by the injured. There
is no specific role assigned to the accused applicant. The only grievous
injury is fracture of upper shaft of tibia. The applicant has not been
assigned any specific role by the injured in his statement. The applicant
has criminal history of two cases wherein he is on bail. The main accused
according to the statement of injured is Om Thakur, who has already been
BAIL No. 31047 of 2026
2
granted bail by co-ordinate Bench of this Court in order dated 01.04.2026.
The accused applicant is languishing in jail since 18.06.2026. He seeks
enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the role assigned to the accused applicant and the main
accused has already been granted bail by co-ordinate Bench of this Court,
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.
(Avnish Saxena,J.)
September 24, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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