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Allahabad High Court

MADHAV PRASADversusSTATE OF U.P.

Decided

Holding

The bail application of Madhav Prasad is dismissed.

Summary

Madhav Prasad applied for bail in a criminal case (Crime No. 416 of 2025) alleging false implication and a cross‑case scenario where both parties lodged FIRs over the same incident. The applicant claimed no prior criminal record and argued that the injuries were minor and that it was unclear who the aggressor was. The State opposed bail, presenting a medical report indicating a depressed comminuted fracture of the frontal bone and other serious injuries, classifying them as grievous. The court examined the gravity of the offences, the nature of the injuries, and the risk of the applicant fleeing or tampering with evidence. Finding no sufficient ground to grant bail, the court rejected the 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 given the seriousness of the alleged offences and the nature of the injuries inflicted.
  • Whether the risk of flight or interference with the investigation warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • grievous injury
  • cross FIR
  • false implication
  • risk of flight

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 13295 of 2026

Madhav Prasad
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                   :   Dhirendra Kumar Pal
Counsel for Opposite Party(s)              :   G.A., Sanjay Srivastava

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/
Madhav Prasad, for grant of bail, in Case Crime No. 416 of 2025, under
Sections 109(1), 117(2), 351(3), 352, 115(2) and 3(5) of Bharatiya Nyaya
Sanhita, 2023, Police Station Rawatpur, District Kanpur Nagar, 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.
Learned counsel for the applicant further submits that, this is a cross case, as
an FIR No.0415 of 2025 has been lodged by the applicant's side against the
informant and injured in this case with respect to same incident and
thereafter, the present first information report bearing FIR No.0416 of 2025
has been lodged by the informant's side against the applicant and his family
members, wherein general allegations of physical assault, with the help of
stone and iron rod, have been levelled against the applicant and his other
family members. However, the injuries caused to the injured are stated to be
simple in nature caused by hard and blunt object. It is further submitted that,
four persons from the applicant's side have also sustained injuries, therefore,
at this stage, it could not be ascertained, as to which party was the aggressor
of the alleged incident. Teyuhe accused-applicant is languishing in jail in
this matter, since 18.3.2026, without having any criminal antecedents and
                                                                                             BAIL No. 13295 of 2026
                                                                    2


                                    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
                                    of the applicant on the ground that, as per medical report of the injured
                                    Rohit, following injuries are caused to the injured:-

                                         "1. L.W. of size 7.0 cm x 1.0 cm x skin deep at frontal region of
                                         skull, inflammed and irregular border. Bleeding present injury
                                         irregular in shape.

                                         2. Laceration of size 1.0 cm x 0.5 cm x 0.38 cm at It hand B/W
                                         thumb and index finger.

                                         3. Contusion of size 4.0 x 0.8 cm at Posterior surface of Rt hand
                                         13.0 cm below Rt shoulder top.

                                         4. Left nares external opening and blood clot present."

                                    Learned AGA for State further submits that, however, as per discharge
                                    summary, there was a Depressed comminuted fracture frontal bone with
                                    multiple hemorrhagic contusion in frontal region, so the injury is
                                    grievous in nature, therefore, the applicant is not entitled to be enlarged on
                                    bail.

                                    5. Having considered the rival contentions of the parties, gravity of offence,
                                    injuries caused to the injured and having regard to the evidence available on
                                    record against the applicant and his complicity in the crime, I do not find any
                                    good ground to release the applicant on bail. Hence, the bail application
                                    moved on behalf of applicant - Madhav Prasad 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 22, 2026
                                    Gurpreet Singh
                                                                                               (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad


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