Allahabad High Court
SAMEERversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and granted it to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sameer, who was arrested in connection with a case involving alleged assault with a sharp‑edged weapon. The applicant contended that he was falsely implicated, had no prior criminal record, and that the injuries to the victim were not life‑threatening, while the prosecution argued that the applicant inflicted a penetrating chest wound deemed grievous. The court examined the nature of the alleged offences under Sections 115(2), 118(1), 109(1), 126(2) of the B.N.S.S. and the relevant provisions of the Arms Act, as well as the pendency of the trial. After weighing the evidence and the applicant's lack of criminal history, the judge concluded that the case was suitable for bail. Accordingly, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions, and clarified that the order does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged assault and the nature of the injury
- Whether the accused's lack of prior criminal record and the alleged non‑life‑threatening nature of the injury justify bail despite the prosecution's claim of a grievous wound
Legislation cited
- Arms Act — s. 4/25(1-B)b
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal procedure
- false implication
- injury assessment
- court pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14259 of 2026
Sameer
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ram Singh Yadav, Rohit Kumar Singh
Counsel for Opposite Party(s) : G.A., Shashi Chood Pandey
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant, Sri Shashi Chood
Pandey, learned counsel for the first informant, Sri Manoj Gautam, learned AGA for
the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 10 of 2026 under Sections 115(2), 118(1), 109(1), 126(2) BNS
and 4/25(1-B)b Arms Act, registered at Police Station Zarif Nagar, District Budaun
during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and as per the FIR, four accused persons are said to
have assaulted the son of the first informant by fists, legs and sharp-edged weapon,
however, the injured Hasnain has assigned the role of assault by sharp-edged weapon
to the applicant and co-accused Mohsin. It is further submitted that all the injuries of
the injured have been found to be lacerated wound and none of them has been found
to be dangerous to life. It is further submitted that applicant has no criminal history
and he is in jail since 15.1.2026. It is also submitted that the applicant undertakes that
he will not misuse the liberty, if granted. It has also been pointed out that in the wake
of heavy pendency of cases in the Court, there is no likelihood of any early conclusion
of trial.
4. On the other hand, learned counsel for the first informant opposed the prayer for
grant of bail to the applicant and submits that applicant has received one penetrating
wound on his chest which is a vital part and the said injury has been found to be
grievous in nature.
5. Learned A.G.A. also opposed the prayer for grant of bail to the applicant and
submits that specific role of assault by sharp-edged weapon has been assigned to the
applicant and co-accused Mohsin.
BAIL No. 14259 of 2026
2
6. As per allegations in the FIR, four accused persons are said to have assaulted the
son of the first informant by fists, legs and sharp-edged weapon, however, the injured
Hasnain has assigned the role of assault by sharp-edged weapon to the applicant and
co-accused Mohsin. The injured is said to have received one penetrating wound on his
chest but the same has not been found to be dangerous to life. Applicant has no
criminal history and he is in jail since 15.1.2026.
7. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
8. Let the applicant Sameer involved in the aforesaid case crime be released on bail
on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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