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Allahabad High Court

PAWANversusSTATE OF U.P.

Decided

Holding

The bail application was rejected.

Summary

The applicant, Pawan, was arrested in connection with crime no. 41 of 2026 under Sections 352, 351(3) and 109(1) of the B.N.S. and filed a bail enlargement application. He pleaded that he was falsely implicated, that the FIR only named four persons without assigning him a specific role, and that video footage and an independent witness statement did not show his participation. The State opposed bail, asserting that the applicant actively participated and caused grievous injuries to victim Ankit, who suffered multiple facial fractures. The court examined the seriousness of Ankit's injuries and the prosecution’s claim of the applicant’s involvement. Concluding that the nature of the injuries indicated a serious offence, the court rejected the bail application.

Issues considered

  • Whether the applicant is entitled to bail enlargement despite the alleged serious injuries to the victim.
  • Whether the evidence (video clip and witness statement) exonerates the applicant from participation in the assault.

Legislation cited

  • B.N.S. — s. 109(1), 351(3), 352

Subjects

  • bail
  • criminal trial
  • Section 352
  • Section 351(3)
  • Section 109(1)
  • injury
  • video evidence
  • false implication

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 13976 of 2026

Pawan
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Vineet Kumar Singh
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. 41 of 2026, under Sections 352, 351(3) and 109(1) of B.N.S.,
P.S. Usharahar, District-Etawah, 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 in the first
information report general allegation of physical assault has been levelled
against four persons, including applicant. No specific role has been
assigned to the applicant. He further submitted that the independent
witness, Rajiv Kumar, has clearly stated in his statement that, at the time
of the incident, which occurred in front of his shop, he observed certain
individuals, including the co-accused Rajiv, assaulting the victims
namely, Roxy, Ankit, and Harsh. Learned counsel for the applicant also
stated that a video clip of the alleged incident exists, in which the co-
accused can be seen attacking the victims, Roxy and Ankit, with lathi-
danda. In the alleged video clip, another co-accused, Pranshu, is also seen
throwing stones. The present applicant does not appear anywhere in this
video clip. He also submitted that in the incident co-accused Rajiv also
sustained injuries, however his injuries are simple in nature. He lastly
submitted that the applicant, who is in jail since 30.3.2026 and has no
                                                                                            BAIL No. 13976 of 2026
                                                                   2


                                    criminal antecedents to his discredit is entitled to be enlarged on bail
                                    during pendency of the trial.

                                    4. On the other hand, learned AGA has vehemently opposed the prayer of
                                    bail and submitted that the applicant-accused was also involved in the
                                    alleged offense and played an active role in causing injuries to the injured
                                    persons. He further submitted that in the alleged incident the victim
                                    Ankit has sustained serious injuries. As per C.T. Scan report the injured
                                    Ankit he got fracture in bilateral nasal bone and nasal septum; fracture
                                    is also seen in antero-superior corner of right maxillary sinus. He also
                                    submitted that grievous injuries have been caused to the injured Ankit,
                                    hence the bail application of the accused-applicant is liable to be rejected.

                                    5. Having considered the nature of the injuries sustained by the injured
                                    Ankit, this Court is not inclined to enlarged the applicant on bail,
                                    accordingly, the 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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