Allahabad High Court
SANAVAR HUSAINversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
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
- B.N.S. — s. 109(1), 352
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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