Allahabad High Court
RAJA GARG ALIAS PANKAJ GARGversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The bail application was rejected; the applicant is not entitled to bail.
Summary
The High Court considered a bail application filed by Raja Garg (alias Pankaj Garg) in a criminal case under Sections 109 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed he was falsely implicated, was not named in the FIR, and that the FIR was lodged 19 days after the alleged incident, arguing there was no risk of flight or misuse of liberty. The State opposed bail, relying on the injury report showing a serious firearm wound to the victim and asserting the applicant's complicity. After weighing the seriousness of the offence, the injury report, and the lack of convincing evidence of false implication, the Court found no sufficient ground to grant bail. Consequently, the bail application was rejected, with the Court noting that its observations were limited to the bail matter and not a determination on the merits of the case.
Issues considered
- Whether the accused is entitled to bail under Section 109 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the accused is entitled to bail under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in filing the FIR and alleged false implication affect the grant of bail.
- Whether the seriousness of the offence and the injury report preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 61(2)
Subjects
- bail
- criminal procedure
- Section 109
- Section 61(2)
- Bharatiya Nyaya Sanhita
- false implication
- FIR delay
- injury report
- serious offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13380 of 2026
Raja Garg Alias Pankaj Garg
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Yadava
Counsel for Opposite Party(s) : G.A.
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/
Raja Garg Alias Pankaj Garg, for grant of bail, in Case Crime No. 0004/
2026, under Sections 109 and 61(2) of Bharatiya Nyaya Sanhita, 2023,
Police Station Badausa, District Banda, 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. It is
further submitted by learned counsel for the applicant that, applicant was
not named in the first information report of this case and his name surfaced
during the course of investigation in the statement of co-accused Vishnu
Garg, against whom, the main role of firing has been assigned. Learned
counsel for the applicant further submits that, alleged incident has occurred
on 19.12.2025, whereas first information report of this case has been lodged
on 7.1.2026 and there is no explanation of delay of 19 days in lodging the
first information report. Learned counsel for the applicant further submits
that, the accused-applicant is not the prime accused of the alleged incident
and is languishing in jail in this matter, since 1.2.2026, without having any
criminal antecedents and 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
BAIL No. 13380 of 2026
2
of the applicant on the ground that, injury report of the injured reveals one
main punctuate firearm entry wound of approx 0.5cm diameter with
surrounding multiple small punctuate wound distributed within radius
of approx 15cm on either side present over right lower chest & right
upper quadrant of abdomen, therefore, the applicant is not entitled to be
released on bail.
5. Having considered the rival contentions of the parties, gravity of offence
and the manner, in which crime has committed, injury report of 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 -
Raja Garg Alias Pankaj Garg 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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