Allahabad High Court
JUNAIDversusSTATE OF UP
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that bail must be denied as the evidence shows a grave offence and no sufficient ground for release.
Summary
The High Court of Allahabad considered a bail application filed by Junaid, who is charged under Sections 115(2), 118(1), 351(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 for allegedly inflicting grievous injuries on Nafees and Amir. The applicant’s counsel argued that he was falsely implicated, had no prior criminal record, and that the parties had reached a compromise on 23 February 2026. The State opposed bail, presenting medical reports that described serious, potentially fatal injuries to the victims, including a perforated ileum requiring surgery. The court examined the nature of the injuries, the seriousness of the offences, and the lack of any compelling reason to believe the applicant would flee or tamper with evidence. Concluding that the evidence indicated a grave offence and the applicant’s complicity, the court rejected the bail application, noting that its observations were limited to the bail matter and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in light of the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a compromise between the parties influences the grant of bail.
- Whether the risk of flight or tampering with evidence exists sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 351(2)
Subjects
- bail
- grievous injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- medical evidence
- compromise
- Section 115
- Section 118
- Section 351
- Section 109
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10885 of 2026
Junaid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, 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-applicant/
Junaid, for grant of bail, in Case Crime No. 1189 of 2025, under Sections
115(2), 118(1), 351(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023, Police
Station Majhola, District Moradabad, during pendency of trial.
3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
further submitted by learned counsel for the applicant that, allegation of
causing grievous injury to the injured Nafees in his abdomen, with the help
of some sharp edged weapon has been levelled against the applicant and it is
also alleged in the first information report that, applicant and other co-
accused persons also bit off the right ear of injured Amir. Learned counsel
for the applicant further submits that, the informant and the applicant are
resident of same locality and with the involvement of elder people of the
society, both the parties have agreed to settle the dispute and entered into a
compromise on 23.2.2026. Learned counsel for the applicant further submits
that, the accused-applicant is languishing in jail in this matter, since
23.2.2026, without having any criminal antecedents and there is no
likelihood that, the accused-applicant, 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
BAIL No. 10885 of 2026
2
of the applicant on the ground that, four injuries have been caused to the
injured Amir and as per his medical and supplementary medical report,
injury No.1 is lacerated wound of size 5.1cm x [1.0cm to 0.5cm] x
through and through, present over right ear pinna, irregular and
inverted margin, irregular shape, bleeding stopped after treatment, which
is grievous in nature. Learned AGA further submits that, as per medical
report of the injured Nafees, incised wound of size 2.0cm x 1.0cm x depth
[could not be certain) was present over right side of abdomen, clean cut
with everted margin, spindle shape, oblique, head of wounds towards
medial line, 8.0cm lateral to midline and 20.0cm below right nipple and
bleeding stopped after treatment and in the supplementary medical report of
injured Nafees, it is mentioned that, "तत्पश्चात मरीज का ईलाज़ आप्रेशन
exploratory laparotomy, which revealed multiple hollow viscous
perforation at ileum, which was repaired and loop ileostomy with pelvic
and subhepatic drain placement was done under General anaesthesia
(Dr. Vipin Dhama (MD) and team), Iv antibiotics, analgesic and
dressing द्वारा किया गया। Thus, having regard to the manner, in which the
crime has been committed, the applicant is not entitled to be released on bail.
5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, specific role of causing injury to the injured
Nafees in his abdomen has been levelled against the applicant and injury
No.1 caused to the injured Amir is grievous in nature. Dr. Shubham Yadav
(MS), who has done the surgery of intestine of the injured Nafees, has
categorically stated that, the intestine of the injured Nafees was torn and the
injury was grievous in nature; if treatment was not given on time, then
injured Nafees could have died. Thus, having regard to the evidence
available on record against the applicant and his complicity in the crime and
considering the injuries caused to the injured persons and gravity of offence,
I do not find any good ground to release the applicant on bail. Hence, the
bail application moved on behalf of applicant - Junaid 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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