Allahabad High Court
SARTAZ AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The bail application filed by Sartaz, Farukh and Samedin is rejected.
Summary
The accused, Sartaz, Farukh and Samedin, applied for bail in a criminal case (Crime No. 15 of 2026) filed under Sections 109(1), 118(1), 115(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. They claimed they were falsely implicated and that the injuries alleged in the FIR were simple in nature, citing medical reports showing minor wounds to three victims. The State, through the Additional Government Advocate, countered that a supplementary medical report indicated a fracture in the right parietal bone of one victim, classifying the injury as grievous. The court examined the gravity of the offences, the nature of the injuries, and the lack of any criminal antecedents of the accused. Finding no sufficient ground to grant bail, the court rejected the application. The observations were limited to the bail application and did not address the merits of the underlying criminal case.
Issues considered
- Whether the accused are entitled to bail under the Bharatiya Nyaya Sanhita considering the alleged grievous injuries and seriousness of the offences
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 351(3), 352
Subjects
- bail
- criminal procedure
- grievous injury
- Bharatiya Nyaya Sanhita
- section 352
- section 351
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10853 of 2026
Sartaz And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicants, learned A.G.A. for the
State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-applicants/
Sartaz, Farukh and Samedin, for grant of bail, in Case Crime No. 15 of
2026, under Sections 109(1), 118(1), 115(2), 352 and 351(3) of Bharatiya
Nyaya Sanhita, 2023, Police Station Hafizpur, District Hapur, during
pendency of trial.
3. Learned counsel for accused-applicants, while pressing the bail
application, submits that, the accused-applicants have been falsely
implicated in the instant case and they have not committed any offence, as
alleged by the prosecution. It is further submitted by learned counsel for the
applicants that, general allegations of physical assault with the help of lathi
danda have been levelled against the applicants in the first information
report of this case and consequent to the alleged incident, injuries have been
caused to the injured persons, namely, Junaid, Tajkar and Mursleen. Learned
counsel for the applicants further submits that, injured were medically
examined at District Combined Hospital, Hapur, wherein 7 injuries have
been shown against the injured Mursleen, 4 injuries have been shown against
the injured Tajkar and 4 injuries against injured Junaid. However, all the
injuries are simple in nature. Learned counsel for the applicants further
submits that, the accused-applicants are languishing in jail in this matter,
since 22.2.2026, without having any criminal antecedents and there is no
likelihood that, the accused-applicants, after release on bail, may flee from
the process of law or will misuse the liberty of bail.
4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail
of the applicants on the ground that, as per supplementary medical report of
the injured Tajkar, fracture is found in his right parietal bone and injury is
BAIL No. 10853 of 2026
2
shown as grievous in nature, therefore, having regard to the manner, in
which the crime has been committed, the applicants are not entitled to be
released on bail.
5. Having considered the rival contentions of the parties, gravity of offence,
injuries caused to the injured persons and having regard to the evidence
available on record against the applicants and their complicity in the crime, I
do not find any good ground to release the applicants on bail. Hence, the bail
application moved on behalf of applicants - Sartaz, Farukh and Samedin,
is hereby rejected.
6. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.
April 23, 2026
Gurpreet Singh
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
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