Allahabad High Court

VIJENDRA PRATAP SINGH @ CHHOTEY SINGHversusSTATE OF U.P.

Decided: 27 April 2026
Bench: HARVIR SINGH

Holding

The Court refused to enlarge bail for the applicant during the trial.

Summary

The applicant, Vijendra Pratap Singh, aged 66, sought enlargement of bail in a trial concerning FIR No. 222 of 2025, which alleged his involvement in a violent assault resulting in grievous injuries and amputation of the victim's left arm. The FIR was lodged 23 days after the alleged incident, and the applicant claimed he was falsely implicated because he is the father of the main accused. The State opposed bail, presenting medical evidence of severe injuries to the victim and emphasizing the seriousness of the offences under Sections 115(2), 117(3), 125, 126(2), 352 and 351(2) of the B.N.S., P.S., Lar. The applicant argued his advanced age, lack of direct involvement, and a single prior case as mitigating factors. After hearing both sides, the Court held that the seriousness of the charges and the evidence of injury outweighed the applicant's personal circumstances and therefore refused to enlarge bail. The bail application was consequently rejected.

Issues considered

Whether the applicant is entitled to bail during the trial despite the seriousness of the offences.
Whether the delay in filing the FIR affects the bail consideration.
Whether the applicant's age and alleged lack of direct involvement merit bail.

Legislation cited

B.N.S., P.S., Lar — s. 115(2), 117(3), 125, 126(2), 351(2), 352

Subjects

bail
criminal procedure
delay in FIR
serious injury
age
false implication

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13941 of 2026

Vijendra Pratap Singh @ Chhotey Singh
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Upendra Upadhyay
Counsel for Opposite Party(s) : G.A., Lalji Yadav, Yashpal Yadav

Court No. - 70
HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the applicant, learned counsel for the
informant, learned AGA for the State and perused the record.

2. By means of this application, the applicant who is involved in case
crime no. 222 of 2025, under Sections 115(2), 117(3), 125, 126(2), 352
and 351(2) of B.N.S., P.S., Lar, District-Deoria, is seeking enlargement
on bail during the trial.

3. Learned counsel for the applicant submitted that the incident is said to
have taken place on 1.6.2025 and the FIR of the same has been lodged
after an inordinate and unexplained delay of 23 days on 24.6.2026 against
five named and 4-5 unknown persons, including applicant with allegation
of physical assault. He further submitted that the applicant is
approximately 66 years of age, and nowhere in the FIR is it mentioned
that the accused-applicant has assaulted the injured person or inflicted any
injury upon him. He is absolutely innocent and has been falsely
implicated in this case solely because he is the father of the main accused
Akash, against whom specific allegation of assault has been made. He
further submitted that the applicant is having a criminal history of one
case, which has been properly explained. He lastly submitted that the
applicant is in jail since 28.12.2205, hence he is enlarged on bail during
pendency of the trial.

4. Per contra, learned counsel for the informnt and learned AGA have
opposed the prayer for bail and submitted that grievous injuries have been
BAIL No. 13941 of 2026
2

caused to the injured Anil Kumar Singh. He further submitted that the
injured was admitted at Army Hospital R.R. Delhi Cantt. and he was
taken up for Debridement assessment under GA on 6.6.2025 and on
confirmation of salvageable limb, he underwent Trans Humoral
Amputation of left upper limb on 6.6.2025 muscles. Perop: Transacted
bronchial artery at bifurcation level Dead necrotic superficial and deep
compartment forearm Postop. As per discharge summary "Blunt trauma
left upper limb with elbow dislocation and brachial artery injury with
compartment syndrome (OPTD) with acute Limb Ischemia (Trans
Humoral amputation done). Resolve AKI SURGERY: Left Forearm
Fasciotomy Elbow Reduction Kwire Fixation (Civil) Med Rand
dsDEBRIDEMENT ASSESSMENT and TRANS HUMERAL
AMPUTATION OF LEFT UL, copy whereof has been filed as
Annexure-4 to the affidavit accompanying bail application.

5. After having heard the learned counsel for the applicant, learned
counsel for the informant, learned A.G.A. for the State and perused the
record, this Court is not inclined to enlarge the applicant on bail during
the trial, hence this bail application is rejected.

(Harvir Singh,J.)
April 28, 2026
Faridul

Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad

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