SAHILversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15039 of 2026

Sahil
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Ranjan Dhwaj Tiwari
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 No.40 of 2026, under Sections 115(2),
351(3), 352, 109(1) B.N.S., Police Station- Nichlaul, District-
Maharajganj.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant has been
wrongly named in the First Information Report as Shahid, however, his
name is Sahil. He further contends that a general role has been given to
the applicant and the other accused of using blunt and sharp edged
weapons to assault the injured. The injured has received two visible
injuries one is an incised looking lacerated wound of size 2.5 c.m. x 0.5
c.m. on the occipital area and the other is lacerated wound of size 2 c.m.
x 0.2 c.m. on the right index finger. Relying upon the injury report, the
Learned counsel for the applicant contends that the allegation in the First
Information Report of using sharp edged weapons is false. He contends
that later on realizing their mistake, the head injury has been attributed to
the applicant. He further contends that no internal damage or fracture was
found on the scalp and the injuries are simple in nature. The Learned
counsel for the applicant contends that although the applicant is said to be
involved in some previous criminal cases, however, in all the cases, the
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                                2


applicant has not been served with any summons or notice till today. The
applicant is in jail since 19.02.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant is the primary accused in the present case.
The applicant is one, who has been assigned the head injury that was
received by the injured. The Learned A.G.A., however, could not dispute
the explanation given by the Learned counsel for the applicant with
respect to criminal antecedents of the applicant.

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

6. A general role has been assigned in the First Information Report to
three accused persons of using blunt and sharp edged weapons to cause
injuries. Only two injuries have been found on the person on the injured
with one being a head injury, which has later been attributed to the
applicant in the statement of the injured. The statement of the Doctor Anil
Kumar Rai, the Senior Consultant Radiologist, District Hospital
Maharajganj indicates that in the CT Scan report of the injured, no
fracture was found. There is also no opinion of the Doctor with respect to
the injury being dangerous to life.

7. Taking into account the entire facts and circumstances of the case, the
period of detention and the fact that the injured has not been shown to
have received any life threatening injuries, I deem it fit to enlarge the
applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Sahil, 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.
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                                    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 early release of the applicant.



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




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad