Allahabad High Court
JITENDRA FAUJI @ ABHISHEKversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that, given the lack of specific allegations against the applicant and the absence of serious injury to the victims, bail should be granted subject to conditions.
Summary
The High Court considered a bail application filed by Jitendra Fauji @ Abhishek, who had been in custody since March 6, 2026 in connection with a case involving alleged assault on five persons under several sections of the B.N.S. The applicant claimed false implication, noting that the FIR did not assign him a specific role and that the alleged victims suffered no grievous or life‑threatening injuries. The State opposed bail, alleging that the applicant and co‑accused brutally assaulted the victims, but could not dispute the lack of serious injuries. After reviewing the record and the arguments, the Court found the allegations against the applicant to be general and the period of detention to be considerable, and therefore ordered his release on bail with standard conditions. The bail was granted subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- Whether the applicant is entitled to bail despite allegations of assault under the cited sections of the B.N.S.
- Whether the absence of specific allegations against the applicant in the FIR justifies granting bail
- Whether the lack of grievous or life‑threatening injuries to the victims negates the ground for denial of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 125, 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- B.N.S.
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14565 of 2026
Jitendra Fauji @ Abhishek
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambrish Kumar Kashyap
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Supplementary affidavit, filed today, is taken on the record.
2. Heard learned counsels for the applicant, learned A.G.A. for the State and
perused the record.
3. The instant bail applications have been filed with a prayer to release the
applicant on bail in Case Crime No.48 of 2026, under Sections 109, 115(2),
125, 190, 191(2), 191(3), 351(2), 352 of B.N.S., Police Station- Indergarh,
District- Kannauj.
4. The learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. The applicant though named in the
First Information Report (FIR), has not been given any specific role. The
injured, who are five in number, have not received any grievous injury or
any injury, which may have been stated to be dangerous to life. The
applicant is in jail since 6.3.2026. Learned counsel further contended that the
applicant has a criminal history of two cases, in one of which, he is on bail
and the other has resulted in a compromise and the matter has been closed.
5. The learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant and the other accused have brutally assaulted
the injured, who are five in number. The learned A.G.A., however, could not
dispute the fact that the injured have not received any grievous injuries or
any injuries, which may be stated to be life threatening.
6. I have considered the submissions made by the Learned counsels for the
parties and perused the record.
BAIL No. 14565 of 2026
2
7. General allegations have been made against the applicant and 16 other
named accused along with some unknown accused of assaulting the injured.
The applicant is in jail since 6.3.2026. The informant has not given any
specific role to the applicant.
8. Taking into account the entire facts and circumstances of the case and the
period of detention of the applicant, I deem it appropriate to enlarge the
applicant on bail.
9. The bail application is allowed.
10. Let the applicant - Jitendra Fauji @ Abhishek, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
9. In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
10. 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.
11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicants.
May 7, 2026
Kushal
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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