Allahabad High Court
BRAJKISHORE @ BHAMARPAL @ BHAWARPALversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that bail could not be granted because the injuries sustained by the victims were grievous in nature.
Summary
The applicant, Brajkishore, was arrested in connection with a case involving alleged assault on the informant's brothers and has been in custody since 21 November 2025. He claimed innocence, arguing that the FIR was filed six days after the incident and that no specific role was assigned to him, with the informant and injured party attributing the assault to another co-accused. The State opposed bail, presenting medical reports showing grievous injuries – an epidural hematoma to one victim and multiple carpal fractures to another – caused by the alleged assault. The court examined the seriousness of these injuries and the lack of any mitigating factor in the applicant's favor. Concluding that the nature of the injuries warranted continued detention, the court rejected the bail application.
Issues considered
- Whether the applicant is entitled to bail during the trial despite the alleged grievous injuries to the victims.
- Whether the delay in filing the FIR and the claim of false implication affect the bail decision.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 191(2), 191(3), 351(3), 352
Subjects
- bail
- grievous injury
- criminal trial
- false implication
- Section 109
- Section 191
- FIR delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12087 of 2026
Brajkishore @ Bhamarpal @ Bhawarpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
2. By means of this application, the applicant who is involved in case
crime no. 102 of 2025, under Sections 109(1), 191(2), 191(3), 115(2),
352, 351(3), 117(2), 118(1) of B.N.S., P.S. Usawan, District-Budaun, 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 the First Information
Report was lodged after an inordinate and unexplained delay of six days
of the incident against five persons, including applicant with the
allegation that all the accused persons have assaulted the brothers of the
informant namely, Ramanpal and Janvesh, causing injuries to them. Only
general allegation of assault has been made against all the accused
persons. No specific role has been assigned to the applicant. He further
submitted that the informant, as well as the injured Javesh in their
statements have attributed the role of assault to co-accused Ravesh. He
lastly submitted that the applicant, who is in jail since 21.11.2025 and has
no criminal antecedents to his discredit, is entitled to be enlarged on bail
during pendency of the trial.
4. Per contra learned AGA opposed the prayer for bail and submitted that
grievous injuries have been caused to the injured Javesh and Rampal.
The details of the injuries are at page nos. 44 to 55, which reads as under:-
BAIL No. 12087 of 2026
2
"(i). Left frontal-parietal EDH (Epidural Hematoma)."
The patient was admitted in Genral Surgery department under Dr. Gaurav
Mishra on 25.6.2025, who opined that the injury inflicted upon the injured
due to physical assault. The injured was operated "Left Frontal Parietal
Craniotomy with Evacuation of EDH on 26.6.2025.
Injury of Rampal:-
(i). "Fracture 2nd Meta Carpal seen."
(ii) "Fracture 4th Meta Carpal seen".
Opinion :- Injury is grievous in nature.
5. Having considered the nature of the injuries sustained by the injured
Javesh (Left frontal-parietal EDH (Epidural Hematoma)) and the injuries
sustained by the injured Ram Pal (Fractures seen in 2nd and 4th Meta
Carpal region), this Court is not inclined to enlarged the applicant on bail,
accordingly, the bail application is rejected.
(Harvir Singh,J.)
April 9, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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