Allahabad High Court
TUSHAR KUMARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail as the injuries were simple and there is no criminal history, granting bail without touching the merits of the case.
Summary
The High Court considered a bail application filed by Tushar Kumar, accused in a case involving alleged assault over a property dispute, where the FIR listed several violent offences under the IPC. The applicant argued that the injuries to the victims were simple, he had no prior criminal record, and the allegations were false, supporting his request for bail. The State opposed bail, emphasizing the seriousness of the charges and the property dispute motive. After reviewing the submissions and the medical report, the Court noted the nature of injuries and the large number of persons involved, but decided to grant bail without addressing the merits of the case. The Court ordered the applicant’s release on personal bond and sureties, directing him to cooperate with the investigation.
Issues considered
- Whether bail should be granted to the accused despite the serious charges under Sections 109(1), 190, 191(2), 191(3), 115(2), 352 and 351(3) of the IPC.
- Whether the nature of the injuries and the absence of a criminal record justify bail in the pending trial.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- Indian Penal Code
- property dispute
- false implication
- injury assessment
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34591 of 2026
Tushar Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Subedar Mishra
Counsel for Opposite Party(s) : G.A., Kapil Kumar, Sandhya Singh
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Lal Chandra Mishra, learned counsel holding brief appeared
for accused applicant, Sri Kapil Kumar, learned counsel for the informant
and learned A.G.A. for State.
1A. Learned counsel for the applicant hands up the supplementary
affidavit annexing the supplementary medical report of Injured Vikas, the
same is taken on record.
2. The present bail application has been moved by the applicant/ accused-
Tushar Kumar to enlarge him on bail in Case Crime No. 370 of 2026,
under Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) BNS,
P.S.- Phase-2 Noida, District- Gautam Budh Nagar, during the pendency
of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant and other co-accused have been implicated in FIR dated
23.08.2026 lodged by Shiv Ram Sharma against five named and 15-20
anonymous persons with the allegation that the informant went to the
office of accused persons for the some property dealing which led to the
assault made by the named accused and anonymous persons on the son
and nephew of the informant wherein both Vikas and Ankit suffered
injuries. It is the contention of learned counsel that there are false
implication. The weapon shown in the FIR used by the accused persons
are lathi, danda, iron rod and butt of the pistol. It is contended that the
supplementary medical report shows no abnormality detected while
BAIL No. 34591 of 2026
2
analyzing the injuries sustained by Vikas. Both the injured suffered
simple injuries. The applicant is not having any criminal history. The
investigation is continuing and he is cooperating in the investigation. The
accused applicant is languishing in jail since 24.08.2026. He seeks to be
enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail and submit that the specific role is assigned to
the accused/applicant and there was dispute pertaining to the property.
Hence seeks that the bail application be rejected.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the nature and number of injuries sustained by the injured
and nearly 25 persons were shown involved in the incident, 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 29, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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