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Allahabad High Court

KRISH KEERWAL @ CHIRAGversusSTATE OF U.P.

Decided

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Krish Keerwal @ Chirag, who had been in custody since 31 March 2026 in connection with a case under Sections 109(1), 125, 191(2) and 190 of the B.N.S., 2023. The applicant argued that he was falsely implicated, not named in the FIR, and had no criminal record, while the prosecution relied on CCTV footage and the testimony of injured witnesses to identify him. The State contended that one of the injured, Nick, suffered a serious head injury that could be life‑threatening and that the investigation was still ongoing. The Court noted that the applicant was not specifically charged with causing any injury, had no antecedents, and that a prima facie case for bail existed. Consequently, the bail application was allowed subject to standard conditions. The order directed the applicant’s release on personal bond and sureties, with provisions for revocation upon breach.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR but identified through CCTV footage without a specific role assigned.
  • Whether the seriousness of the injuries to the victims and the pending investigation justify denial of bail.
  • Whether the accused's lack of criminal antecedents and the prima facie nature of the case warrant bail.

Legislation cited

Subjects

  • bail
  • false implication
  • CCTV identification
  • criminal antecedents
  • injury severity
  • prima facie case
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 14990 of 2026

Krish Keerwal @ Chirag
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                :     Ashish Pandey, Nikil Pathak
Counsel for Opposite Party(s)           :     G.A.

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

1. Heard Learned counsel for the applicant, 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
applicant on bail in Case Crime No125 of 2026, under Sections 109(1), 125,
191(2), 190 of the B.N.S., 2023, Police Station- Sihani Gate, District-
Ghaziabad.

3. The Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case. The applicant is not named in the
First Information Report nor in the statement of the informant. The applicant
has been named in the statement of the injured witnesses. The injured, Rohit
has received simple injuries whereas the other injured, Nick although has
received grievous injuries, however, the same have not been opined to be
dangerous to life. The applicant is a young man aged about 20 years having
no criminal antecedents. The applicant is in jail since 31.03.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for grant
of bail and has contended that there are two injured in the present case. The
injured, Nick has sustained serious head injury, which may have been
dangerous to life as the same resulted in a fracture of frontal bone on the left
side of the head. The Learned A.G.A. has further contended that a CCTV
footage has been collected during investigation and the injured have
identified the applicant as one of the assailants. He further submits that the
investigation is still pending in the present case.
                                                            BAIL No. 14990 of 2026
                                  2


5. I have considered the submissions made by the Learned counsels for the
parties and perused the material brought on the record.

6. The applicant is not named in the First Information Report. The applicant
was supposedly identified from the CCTV footage on the place of
occurrence. However, no specific role of causing any injury has been given
to the applicant. The applicant has no criminal antecedents and he is in jail
since 31.03.2026.

7. Taking into account all the facts and circumstances of the case, prima
facie, a case for grant of bail is made out.

8. The bail application is allowed.

9. Let the applicant- Krish Keerwal @ Chirag, 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 applicant 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
                                                                               BAIL No. 14990 of 2026
                                                                      3


                                    early release of the applicant.

                                    May 5, 2026
                                    Kushal
                                                                          (Rajiv Lochan Shukla,J.)




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

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