Allahabad High Court
SACHINversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Sachin, accused under IPC sections 109(1), 115(2), 351(3) and 324(4) for allegedly assaulting an informant with wooden sticks. The applicant contended that the allegations were false, that the informant had a criminal history, and that the applicant himself had lodged an earlier FIR and sustained injuries. The prosecution argued that the assault caused four injuries, albeit simple, and highlighted the applicant's two prior minor convictions under sections 323 and 504 IPC. The Court examined the nature of the injuries, the reciprocal FIRs, and the applicant's limited criminal record, concluding that these factors did not warrant continued detention. Consequently, the Court ordered the applicant’s release on bail subject to standard conditions, without expressing any view on the merits of the underlying case.
Issues considered
- Whether the applicant is entitled to bail despite being charged with assault under sections 109, 115, 351 and 324 IPC.
- Whether the simple nature of the injuries and the applicant's prior minor convictions affect the bail decision.
- Whether the existence of a prior FIR lodged by the applicant against the informant influences the bail grant.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 323, 324(4), 351(3), 504
Subjects
- bail
- assault
- Indian Penal Code
- criminal history
- injury
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14291 of 2026
Sachin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Ahsan, Shivam Yadav, Udai
Bhatia
Counsel for Opposite Party(s) : G.A., Sushil Kumar Dubey
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Shivam Yadav, learned counsel for the applicant, Sri Sushil
Kumar Dubey, learned counsel for informant and Sri Imran Khan, learned
AGA for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 0061 of 2026, under Sections 109(1), 115(2),
351(3), 324(4) BNS, Police Station Jaswant Nagar, District Etawah during
pendency of the trial.
3. Learned counsel for the applicant submits, however, as per allegation
applicant along with others made assault upon informant through wooden
sticks due to which he sustained injuries but entire allegation leveled against
applicant is totally false.
4. He further submits, on 13.03.2026 dispute of applicant side arose with
informant side and in this regard on 13.03.2026 applicant lodged FIR at
19.32 hours against informant side and due to this reason informant, who is
hardened criminal having criminal history of nine cases started scuffling
with the applicant and others and thereafter on 13.03.2026 at 22.41 hours
FIR of the present case was lodged. He further submits, even in the alleged
incident applicant also sustained injury.
5. He further submits, injuries sustained by the informant were simple in
nature and this fact is even evident from his injury report which has been
annexed at pages-41 and 42 of the paper-book
BAIL No. 14291 of 2026
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6. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 14.03.2026..
7. Per contra, learned AGA as well as learned counsel for informant opposed
the prayer for bail and submit, applicant and others with intention to commit
murder of the informant made assault upon him and due to the assault made
by them informant sustained as many as four injuries but they could not
dispute the fact that except one lacerated wound on parietal line all the other
injuries were abrasions.
8. They also could not dispute the fact that injuries sustained by the
informant were simple in nature and before the FIR of the present case
applicant lodged FIR against informant and applicant also sustained injuries.
9. Learned AGA however submits, apart from the present case applicant is
having criminal history of two other cases but could not dispute the fact that
both the cases relate to minor offences of Sections 323, 504 IPC.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. However, as per allegation, applicant and others made assault upon the
informant through wooden sticks due to which he sustained injuries but
injuries sustained by him appears to be simple in nature
12. Further, even before the FIR of the present case a FIR was lodged by the
applicant against informant side and it appears, in the alleged incident
applicant also sustained injuries.
13. Further, applicant is however having criminal history of two other cases
but both the cases relate to minor offences.
14. Further, in the present matter applicant is in jail since 14.03.2026..
15. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
16. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
17. Let the applicant - Sachin be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
BAIL No. 14291 of 2026
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satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
18. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
19. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
May 6, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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