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Allahabad High Court

RANDHAWAN AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicants, finding no necessity for continued detention.

Summary

The applicants, Randhawan and Dharm Singh, were arrested in connection with a case of assault involving six other accused, where two victims suffered multiple fractures. The applicants claimed false implication and argued they had no prior criminal record, while the State contended that they were specifically named in the FIR and that the injuries were grievous. The court examined the medical reports, noting that although the injuries were classified as grievous, they were not life‑threatening, and the charge sheet had already been filed. It also considered that the applicants had been in custody since 23 January 2026 and were no longer needed for custodial interrogation or evidence recovery. Without passing on the merits, the court held that bail was appropriate given the circumstances and imposed standard conditions. Consequently, the applicants were released on bail upon furnishing a personal bond and two sureties each.

Issues considered

  • Whether bail should be granted to the accused despite the filing of a charge sheet and the presence of grievous injuries to the victims
  • Whether the nature of the injuries (grievous but not life‑threatening) affects the eligibility for bail
  • Whether the accused are still required for custodial interrogation or recovery of evidence

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 191(2), 191(3), 3(5)

Subjects

  • bail
  • criminal procedure
  • grievous hurt
  • charge sheet
  • general role
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 14372 of 2026

Randhawan And Another
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Rajesh Kumar Pandey, Vinay Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicants on bail in Case Crime No. 30 of 2026, under Sections 191(2),
191(3), 115(2), 109(1), 3(5) of the B.N.S., Police Station- Kokhraj,
District- Kaushambi, during the pendency of the trial.
3. The learned counsel for the applicants contends that the applicants have
been falsely implicated in the present case. They have been named along
with six other accused persons. A general role of assault has been made.
The two injured, who have received injuries supposedly on the assault
made by the applicants and the other accused, have not received injuries
which may be dangerous to life. The applicants have no criminal
antecedents.
4. The learned A.G.A. has opposed the prayer for bail and has contended
that the applicants have been specifically named in the First Information
Report (FIR). The injured have received grievous injuries, having
received fractures in the hand and the legs. The charge sheet against the
applicants has already been submitted and the offence against them is
established. They may not be considered for grant of bail.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The injured, Shiv Kumar has received fractures in the 2nd, 3rd, 4th and
5th metacarpal on the right side. The injured, Ashish Yadav, is said to
have suffered a fracture on proximal 1/3rd ulna left side with fracture
                                                         BAIL No. 14372 of 2026
                                2

proximal 1/3rd ulna right side with fracture 4th and 5th metacarpal left
side with 3rd and 4th metacarpal right side with fracture bailetral D/E
fibula.
7. From the perusal of the supplementary reports, the injuries though
grievous in nature, do not appear to be dangerous to life. A general role
has been given to the applicants. The applicants are in jail since
23.01.2026 and a charge sheet has also been filed against them. The
statement of the injured, that were recorded during investigation, have
also been filed today by means of a supplementary affidavit and in the
said statements also, a general role has been assigned to the applicants
and the other accused.
8. Without expressing any opinion on the merits of the case, taking into
account the above mentioned facts and circumstances of the case, the
period of detention of the applicants and also the fact that a charge sheet
has now been submitted, the applicants are no longer required for
custodial interrogation or recoveries, I deem it appropriate to grant bail to
the applicants.
9. Let the applicants - Randhawan and Dharm Singh, involved in the
aforementioned crime be released on bail, on his furnishing a personal
bond and two sureties each in the like amount, to the satisfaction of the
Court concerned, subject to the following conditions:
i. The applicants will not tamper with the evidence.
ii. The applicants will not indulge in any criminal activity.
iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicants will appear regularly on each and every date fixed by
the trial Court, unless their personal appearance are exempted by the
Court concerned.
10. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel their bail.
11. It is made clear that the applicants shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
                                                                                   BAIL No. 14372 of 2026
                                                               3

                                    the concerned jail through Bail Order Management System (BOMS) to
                                    ensure early release of the applicants.


                                                                              (Rajiv Lochan Shukla,J.)
                                    May 6, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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