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Allahabad High Court

GOLDEE KUMARversusSTATE OF U.P.

Decided

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

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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