Allahabad High Court
GOLDEE KUMARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court granted bail to the accused applicant.
Summary
The accused Goldee Kumar applied for bail in a criminal case (Crime No. 772 of 2026) involving offences under Sections 115, 351, 109, 191 and 352 of the Indian Penal Code, arising from an alleged assault and firing incident on 14 July 2026. The FIR named four persons, including Kumar, as participants, but the applicant claimed he had no specific role and that the pistol recovered from him was found without an independent witness. The State opposed bail but did not dispute the factual matrix presented. The Court examined the applicant's alleged minimal involvement, the absence of corroborating witness testimony, and the Supreme Court’s recent bail jurisprudence in Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail in Re (2024). Without addressing the merits of the case, the Court granted bail on the condition of a personal bond and two sureties, directing the applicant to cooperate with the investigation.
Issues considered
- Whether bail should be granted to the accused given the nature of the offences and the evidence presented.
- Whether the lack of an independent witness to the recovery of the weapon affects the bail decision.
- Whether the Supreme Court precedents on bail (Girish Gandhi v. State of UP and Policy Strategy for Grant of Bail in Re) are applicable to the present case.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- Indian Penal Code
- assault
- weapon recovery
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33336 of 2026
Goldee Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Darshan Gupta, Saurabh Kesarwani
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Saurabh Kesarwani, learned counsel for the accused-
applicant and learned A.G.A. for the State.
1A. Learned counsel for the applicant hands up the 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
Goldee Kumar 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 including the accused-applicant 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, who have started assaulting them with lathi and danda. The co-
accused Dushyant had also opened fire on Alok. The father of injured,
Alok and Shekhar when reached to rescue 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 tempo
BAIL No. 33336 of 2026
2
parietal bone and Raj Kumar, the father also suffered four injuries, with
no supplementary medical report. The applicant has been implicated as
the cousin sister of co-accused Vivek and Dushyant was enticed by the
injured Alok and accused-applicant is a friend of co-accused. He has no
specific role assigned. The country made pistol is recovered from his
instance during the investigation, in absence of the independent witness.
There is no gun shot injury. The investigation is continuing. He is
cooperating in the investigation. The applicant is in jail since 17.07.2026
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 role of accused-applicant and the recovery has been
made in the absence of independent witness.
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 18, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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