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Allahabad High Court

SANAVAR HUSAINversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to conditions.

Summary

The High Court considered a bail application filed by Sanavar Husain, accused under Sections 109(1) and 352 of the B.N.S. for an assault case in Jaunpur. The applicant claimed false implication, noting that the FIR only gave him a general role and that medical reports showed no grievous injury or internal damage. The State could not dispute the lack of serious injury but opposed bail. The Court observed the applicant had no prior criminal record, the injuries were not life‑threatening, and there was no specific evidence linking him to the head injury. Accordingly, without passing on the merits, the Court granted bail subject to standard conditions. The order also directed electronic release procedures through the Bail Order Management System.

Issues considered

  • Whether the applicant is entitled to bail under Sections 109(1) and 352 of the B.N.S. given the nature of the alleged assault and the evidence of injury.
  • Whether the lack of grievous injury, absence of prior criminal record, and the possibility of tampering justify granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • assault
  • injury
  • no prior record
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15065 of 2026

Sanavar Husain
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Ajeet Kumar Srivastava, Ashish Singh,
                                Saurabh
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. 50 of 2026, under Sections 109(1),
352 of the B.N.S., Police Station- Kotwali, District- Jaunpur, during the
pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that the applicant although named in the First Information
Report (FIR) along with two other accused and one unknown, has been
given a general role of assaulting the injured. Later on, in the statement of
witnesses, the applicant has been assigned the specific role of causing
head injury to the injured. The learned counsel further contends that there
are only two visible injuries and there are three other complaints of pain.
He further contends that in the CT Scan report of the head, no
abnormality was detected. The applicant has no criminal history. He is in
jail since 09.03.2026.
4. The learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that there is no internal damage found in the medical
examination reports of the injured.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The applicant has been assigned a general role in the FIR. Even in the
                                                                                             BAIL No. 15065 of 2026
                                                                    2

                                    first statement of the injured, no specific role of causing head injury have
                                    been assigned to the applicant. It is in the second statement of the
                                    witnesses recorded on 15.03.2026 that a specific role of assaulting have
                                    been assigned to the applicant. The applicant has no criminal antecedents.
                                    No injury has been opined to be grievous in nature or dangerous to life.
                                    7. Without expressing any opinion on the merits of the case, and taking
                                    into account entire facts and circumstances, as enumerated above, I deem
                                    it appropriate to grant bail to the applicant.
                                    8. Let the applicant – Sanavar Husain, 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 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/her bail.
                                    10. 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.
                                    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 applicant.


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




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

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