Allahabad High Court
DURGESH CHAUHANversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted bail to the accused, finding a prima facie case for bail.
Summary
The High Court considered a bail application filed by Durish Chauhan, who had been in custody since 13 January 2026 in a case under Sections 109(1) and 352 of the IPC relating to alleged injuries to a neighbour. The applicant claimed false implication and asserted that the medical report described the injuries as simple, while the prosecution’s doctor described them as grievous and life‑threatening. The court noted that the applicant has no prior criminal record, the chargesheet is filed, and he is no longer needed for custodial interrogation, with the trial unlikely to conclude soon. The court also observed a prior enmity between the parties but found a prima facie case for bail. Consequently, the bail application was allowed subject to standard conditions and the execution of a personal bond with sureties.
Issues considered
- Whether bail should be granted in a case involving alleged grievous injuries under Sections 109(1) and 352 IPC.
- Whether the nature of the injuries (simple vs grievous) impacts the grant of bail.
- Whether the applicant’s lack of criminal antecedents and the completion of custodial interrogation justify bail.
- Whether prior enmity between the accused and the victim affects the bail decision.
Legislation cited
- Indian Penal Code — s. 109(1), 352
Subjects
- bail
- IPC Section 109
- IPC Section 352
- grievous injury
- simple injury
- false implication
- criminal antecedents
- neighbor enmity
- custodial interrogation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10921 of 2026
Durgesh Chauhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime no.13 of 2026, under Sections 109(1),
352 BNS, Police Station AIIMS, District Gorakhpur.
3. Learned counsel for the applicant states that the applicant has falsely
been implicated in the present case. He is in jail since 13.01.2026. The
injured is said to have received five injuries, out of which four injuries
may have been caused by a sharp edged weapon. However, all the injuries
have been opined to be simple in nature in the medical examination
report. The applicant has no criminal antecedents.
4. Learned AGA has opposed the prayer for bail and has contended that
grievous injuries, dangerous to life, have been found on the person of the
injured. The doctor, Dr. Anand Kumar Agrawal of Anand Lok Remedial
Research Centre Pvt. Ltd., in his statement, has stated that the intestine of
the victim had been torn due to the injuries, which were dangerous to life.
He, however, could not point out any criminal antecedents of the
applicant.
5. I have considered the submissions made by Learned counsels for the
parties.
6. The medico legal examination report prepared at the Netaji Subhash
BAIL No. 10921 of 2026
2
Chandra Bose District Hospital, Gorakhpur, while describing the injuries
of the injured, has recorded the opinion of the doctor that all the injuries
are simple in nature. The injured appears to have been operated at a
private hospital and the doctor, Dr. Anand Kumar Agrawal of Anand Lok
Remedial Research Centre Pvt. Ltd., has, in his statement, stated that the
intestine of the injured was torn and an Ileostomy was performed.
However, the injured, as per his statement, was admitted on 14.01.2026
and was discharged on 20.01.2026. The applicant is in jail since
13.01.2026. A chargesheet has been submitted against the applicant and
he is no longer required for any custodial interrogation. The trial against
the applicant is not likely to conclude in the near future. The applicant has
no criminal antecedents.
7. Taking into account abovementioned facts and circumstances of the
case and the fact that the applicant and the injured are neighbours, who
appear to have some previous enmity, a prima facie case for bail is made
out.
8. The bail application is allowed.
9. Let the accused-applicant, Durgesh Chauhan, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
(i) The applicant will not tamper with the evidence.
(ii) The applicant will not indulge in any criminal activity.
(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.
BAIL No. 10921 of 2026
3
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 7, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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