Allahabad High Court
BHAIYA LALversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that bail could not be granted in the present case.
Summary
The applicant, Bhaiya Lal, was arrested in connection with Crime No. 424 of 2025 under Sections 109(1) and 351(3) of the B.N.S. for alleged assault with a lathi-danda and axe. He claimed innocence, stating that no specific role was assigned to him in the FIR and that no incriminating material was recovered from him. The State, represented by the A.G.A., opposed bail, highlighting medical evidence of serious head injuries, fractures, and extensive wounds to the alleged victim, indicating a grave offence. The court examined the submissions and the medical report, finding the seriousness of the injuries and the allegations sufficient to deny bail. Consequently, the bail application was rejected, and the applicant remains in custody pending trial.
Issues considered
- Whether bail should be granted to the accused during the trial for offences under Sections 109(1) and 351(3) of the B.N.S. involving alleged assault with serious injuries.
Legislation cited
- B.N.S. — s. 109(1), 351(3)
Subjects
- bail
- criminal procedure
- assault
- medical evidence
- presumption of innocence
- serious injury
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10530 of 2026
Bhaiya Lal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajai Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material on record.
2. By means of this application, the applicant who is involved in Case
Crime No. 424 of 2025, under Sections 109(1) and 351(3) of B.N.S., P.S.
Bilhaur, District-Kanpur Nagar, is seeking enlargement on bail during the
trial.
3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that in the First
Information Report allegation of physical assault with lathi-danda and
axe has been leveled against four persons, including present applicant.
No specific role has been assigned to the applicant. He further submitted
that no incriminating article or material has been recovered either from
the applicant or on his pointing out. He lastly submitted that the
applicant, who is in jail since 22.10.2025 and has no criminal antecedents
to his discredit is entitled to be enlarged on bail during pendency of the
trial.
4. On the other hand, the learned A.G.A. has vehemently opposed the
prayer for bail and submitted that in the F.I.R. itself it is alleged that the
applicant-accused has assaulted the victim/injured Nanhey. He further
submitted that, according to the C.T. Scan report the injured got
fracture in frontal bone; hemorrhage is seen in parietal region. The
statement of doctor reveals that बयान चिकित्सक डाक्टर गौरव कुमार वर्मा लाला
BAIL No. 10530 of 2026
2
लाजपतराय हास्पीटल G.S.V.M Medical college Kanpur department of
neurosurgery. उम्र करीब 42 वर्ष ने पूछने पर बताया कि मजरूब नन्हे पुत्र रामअवतार
निवासी सुजावलपुर थाना बिल्हौर कानपुर नगर को दिनांक 21/10/2025 को सीएचसी
बिल्हौर कानपुर नगर से एल.एल. आर हास्पीटल कानपुर नगर को रैफर किया गया था। मजरूब
उपरोक्त का उपचार व मेडिकल रिपोर्ट तथा डिस्चार्ज स्लिप मेरे द्वारा की गई। जिस पर मेरे
हस्ताक्षर है। मजरूब को दिनांक 24/10/2025 को डिस्चार्ज किया गया था। मजरूब के सिर
पर कटा हुआ घाव 10 सेमी लम्बे व टाँके मौजूद थे तथा दोनों आँखे काली व सूजन थी तथा
दाहिनी कोहनी के पास छिला हुआ घाव मौजूद था।
6. After having heard the learned counsel for the applicant, learned
A.G.A. for the State and perused the record, this Court is not inclined to
enlarge the applicant on bail during the trial, hence this bail application is
rejected.
(Harvir Singh,J.)
April 30, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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