Allahabad High Court
ARJUNversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Since the applicants are not named in the FIR and no substantive evidence links them to the offence, and considering the bail granted to the co‑accused, the court held that a prima facie case for bail exists and ordered their release on bail.
Summary
The High Court of Allahabad considered bail applications filed by Arjun and Raj Baisala Alias Raja in Criminal Misc. Bail Application No. 12714 of 2026, relating to Crime No. 29 of 2026. The applicants argued they were falsely implicated, not named in the FIR, and had no criminal antecedents, while the State highlighted prior criminal history for each. The court noted that the FIR was lodged by the injured’s husband, Harisankar, who was himself granted bail, and that the applicants were not mentioned in the FIR. Considering the lack of direct accusation, the grant of bail to the co‑accused, and the absence of substantive evidence, the court found a prima facie case for bail. Consequently, the bail applications were allowed subject to standard conditions, including not tampering with evidence and appearing before the trial court.
Issues considered
- Whether bail should be granted when the accused are not named in the FIR.
- Whether the existence of prior criminal history precludes bail in the present case.
- Whether the bail granted to a co‑accused influences the bail decision for other accused.
Legislation cited
- B.N.S. — s. 109(1), 3(5), 61(2)
Subjects
- bail
- FIR
- false implication
- criminal antecedents
- High Court of Allahabad
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12714 of 2026
Arjun
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
connected with
CRIMINAL MISC. BAIL APPLICATION No. - 13638 of 2026
Raj Baisala Alias Raja
.....Applicant(s)
Versus
State Of Uttar Pradesh Through Principal Secretary
Home, Lucknow .....Opposite
Party(s)
Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, Learned A.G.A. for the
State and perused the record.
2. The instant bail applications have been filed with a prayer to release the
applicants on bail in Case Crime No.29 of 2026, under Sections 109(1),
61(2), 3(5) of B.N.S., Police Station- Loni Border, District- Ghaziabad.
3. The Learned counsel for the applicants submits that the applicants have
been falsely implicated in the present case. The applicant are not named
in the First Information Report. The First Information Report was lodged
by the co-accused Harisankar, who is said to be the husband of the
injured. The injured in her statement has assigned the specific role of
causing gunshot injury to the co-accused viz. Gagan. The applicants have
BAIL No. 12714 of 2026
2
no criminal antecedents and are in jail since 03.02.2026.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that both the applicants viz. Arjun and Raj
Baisala Alias Raja have a criminal history of one case each. The criminal
history of the applicant Arjun has been explained, however, the same
cannot be said for Raj Baisala Alias Raja.
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. The applicants are not named in the First Information Report. The
First Information Report has been lodged by the husband of the injured.
The injured has not named the applicants. The husband of the injured viz.
Harisankar @ Sonu has been granted bail by this Court today in Criminal
Misc. Bail Application No.11580 of 2026. The specific role of causing
gunshot injuries to the injured has been assigned to co-accused Gagan.
7. Taking into account all the facts and circumstances of the case, the
period of detention as well as the fact that the Harisankar @ Sonu has
been granted bail by this Court today in Criminal Misc. Bail Application
No.11580 of 2026, prima facie, a case for bail is made out.
8. The bail applications are allowed.
9. Let the accused-applicants- Arjun & Raj Baisala Alias Raja,
involved in above mentioned case crime number be released on bail, on
thier 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 applicants will not tamper with the evidence.
ii. The applicants will not indulge in any criminal activity.
iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
BAIL No. 12714 of 2026
3
iv. The applicants will appear regularly on each and every date fixed by
the trial court, unless their personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel their bail.
11. It is made clear that the applicants 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 applicants.
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 18, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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