Allahabad High Court

KUNWARPALversusSTATE OF U.P.

Decided: 5 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that the applicant's lack of a specific role, clean antecedents, and the filing of the charge‑sheet warranted the grant of bail.

Summary

The High Court considered a bail application filed by Kunwarpal, who was named in FIR No. 136 of 2025 under Sections 191(2), 191(3), 190, 109(1), 352 and 351(3) of the B.N.S. 2023. The applicant claimed false implication, noting that the FIR assigned a general firing role to him while the specific act of causing gunshot injury was attributed to co‑accused Mani Ram. The court observed that the applicant has no prior criminal record, the charge‑sheet had been filed, and there was no need for further custodial interrogation or recovery of incriminating material from him. Weighing these facts, the court found no substantive basis to keep the applicant in custody. Consequently, the bail application was allowed subject to a personal bond, two sureties and standard conditions. The order also directed electronic transmission of the release order to the jail for prompt execution.

Issues considered

Whether the applicant, despite being named in the FIR, is entitled to bail given the lack of a specific role in the alleged offence
Whether the filing of the charge‑sheet and absence of need for further custodial interrogation justify release on bail
Whether the applicant's clean criminal record influences the bail decision

Legislation cited

B.N.S., 2023 — s. 109(1), 190, 191(2), 191(3), 351(3), 352

Subjects

bail
false implication
criminal procedure
FIR
charge sheet
no prior criminal record
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15352 of 2026

Kunwarpal
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Om Narayan Pandey
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.136 of 2025, under Sections 191(2),
191(3), 190, 109(1), 352, 351(3) of B.N.S. 2023, Police Station-
Madnapur, District- Shahjahanpur.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. There are seven named
accused persons along with five to six unknown persons mentioned in the
First Information Report. The First Information Report is delayed by two
days. No specific role has been assigned to the applicant and the specific
role of causing gunshot injury on the injured has been given to co-accused
Mani Ram. The injured has received two injuries. The injuries have not
been found to be grievous in nature or dangerous to life. The applicant has
no criminal antecedents. The applicant is in jail since 02.03.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
has been unable to dispute the fact that no specific role has been given to
the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
BAIL No. 15352 of 2026
2

6. The applicant has been named in the First Information Report along
with six others and five to six unknown persons. A general role of firing
has been given to the applicant. Specific role of causing gunshot injury on
the injured has been given to the co-accused Mani Ram. The applicant has
no criminal antecedents and his case is distinguishable from that of the
co-accused Mani Ram. A charge-sheet has now also been submitted and
the applicant is no longer required for custodial interrogation or
recoveries. No recovery of any incriminating articles has been made from
the possession or the pointing out of the applicant.

7. Taking into account all the facts and circumstances of the case as
discussed above, I deem it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Kunwarpal, 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.
BAIL No. 15352 of 2026
3

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 6, 2026
Sachin

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

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