Allahabad High Court
NATHILAL RATHORE @ BHOLE GIRIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, despite the alleged long absconding, the applicant is entitled to bail as he has no criminal antecedents, the injury is non‑vital, and there is no risk of tampering or intimidation.
Summary
The applicant, Nathilal Rathore, sought bail in a case under Sections 307 and 504 IPC, claiming he was falsely implicated and that the injury to the victim was minor, occurring on a non‑vital part of the body. He alleged a prior grievance where the victim had killed his son, leading to earlier criminal complaints against the victim. The State opposed bail, arguing that the applicant had effectively absconded for about 13 years, indicating a propensity to evade court processes. The court, noting the applicant’s lack of prior criminal record, the non‑vital nature of the injury, and the absence of any indication that he would tamper with evidence or intimidate witnesses, decided to grant bail. The bail was conditioned on a personal bond, two reliable sureties, and compliance with several conduct requirements, with a direction to expedite the trial.
Issues considered
- Whether the applicant’s alleged long period of absconding precludes the grant of bail.
- Whether the nature of the injury (non‑vital part) and lack of criminal antecedents justify bail.
- Whether the prior enmity between the parties affects the risk of tampering or intimidation warranting denial of bail.
Legislation cited
- Arms Act — s. 25
- Delhi Police Act — s. 3, 4
- Indian Penal Code — s. 302, 307, 323, 498-A, 504
Subjects
- bail
- criminal procedure
- Sections 307 IPC
- Section 504 IPC
- false implication
- non‑vital injury
- absconding
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11013 of 2026
Nathilal Rathore @ Bhole Giri
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Praveen Yadav, Rakesh Chandra
Tiwari, Sushil Jaiswal
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.175 of 2013, under Sections 307, 504
IPC, Police Station Shamshabad, District Agra.
3. Learned counsel for the applicant states that the applicant has been
falsely implicated in the present case. The injured has received injuries on
a non vital part, on the thigh. He contends that the injured is the son-in-
law of the applicant. The injured had shot dead the applicant's son, for
which a case, being Case Crime No.90/2006 under Sections 498-A, 323,
504, 302 IPC, Section 3/4 D.P. Act and Section 25 Arms Act, was lodged
by the applicant, in which the injured has been chargesheeted. He further
contends that the applicant in the year 2013 was injured in an accident,
which led to a head injury and left the applicant unconscious. The
applicant was thereafter taken to an Ashram in Gujarat and did not have
any knowledge of the pendency of the proceedings before the concerned
Court. He further contends that the applicant has no criminal antecedents
and he did not intend to abscond. Presently, he is in jail since 01.12.2025.
4. Learned AGA has opposed the prayer for bail and has contended that
the applicant has absconded for a period of almost 13 years. He although
may not have criminal antecedents, however, the long period of
BAIL No. 11013 of 2026
2
absconding indicates that the applicant has a tendency to avoid the
proceedings of Court and he may not be considered for grant of bail.
5. I have considered the submissions made by Learned counsels for the
parties.
6. The applicant has been named in the FIR alongwith two other accused,
who are said to be unknown. The applicant is the father-in-law of the
injured. The injury received by the injured is on a non vital part. There
appears to be previous enmity between the parties, as FIR being Case
Crime No.90/2006 and Case Crime No.91 of 2006 had been registered
against the injured by the applicant. The applicant has no criminal
antecedents and is in jail since 01.12.2025.
7. Taking into consideration the facts and circumstances of the case,
without expressing any opinion on the merits of the case, I find it
appropriate to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the accused-applicant, Nathilal Rathore @ Bhole Giri, involved
in above mentioned case crime number be released on bail, on his
executing a personal bond and two reliable heavy 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. The concerned
BAIL No. 11013 of 2026
3
Court is directed to expedite the proceedings of the trial and conclude the
same at the earliest. No unnecessary adjournments shall be accorded to
either of the parties during trial.
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.
(Rajiv Lochan Shukla,J.)
May 5, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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