Allahabad High Court
JAGPAL SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is allowed and the applicant is released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Jagpal Singh, who was arrested in connection with a case (Crime No. 48 of 2026) involving alleged assault on five persons under several sections of the B.N.S. The applicant claimed he was falsely implicated, had no specific role in the FIR, and possessed no prior criminal record. The State opposed bail, alleging brutal assault, but could not demonstrate grievous injuries or any criminal antecedents. After reviewing the record, the Court noted the lack of specific allegations against the applicant and his clean record, and deemed continued detention unnecessary. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, criminal activity, witness intimidation, and mandating regular court appearances. The order also directed procedural steps for the applicant’s release.
Issues considered
- Whether bail should be granted to the applicant despite allegations of assault under sections 109, 115(2), 125, 190, 191(2), 191(3), 351(2), and 352 of the B.N.S. given the lack of specific role and no prior criminal antecedents.
Legislation cited
- B.N.S. — s. 109, 115(2), 125, 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- false implication
- assault
- no criminal antecedents
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14614 of 2026
Jagpal Singh
.....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. Heard learned counsels for the applicant, learned A.G.A. for the State and
perused the record.
2. 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.
3. 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. The applicant claims that he does not have
any criminal antecedents.
4. 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. The learned A.G.A.
has also not pointed out any criminal antecedents of the applicant.
5. I have considered the submissions made by the Learned counsels for the
parties and perused the record.
6. 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 and is not stated to have any criminal
BAIL No. 14614 of 2026
2
antecedents. The informant has not given any specific role to the applicant.
7. Taking into account the entire facts and circumstances of the case and the
period of detention of the applicant and the fact that the applicant has no
criminal antecedents, I deem it appropriate to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the applicant - Jagpal Singh, 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.
10. In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his 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 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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