Allahabad High Court

ANIL KUMARversusSTATE OF U.P.

Decided: 5 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court held that bail should be granted to the applicant.

Summary

The High Court considered a bail application filed by Anil Kumar, who was arrested in connection with a case (Crime No.27 of 2026) alleging that he used a kitchen knife to cut off part of the victim's ear. The applicant argued that he was falsely implicated, pointing out a three‑day delay in filing the FIR and that the injury was not dangerous to life, while noting his lack of prior convictions. The State opposed bail, emphasizing the specific role assigned to the applicant in the FIR and the recovery of a knife from his possession. After reviewing the FIR, injury report, and the applicant's criminal history, the Court found that the allegations did not warrant continued detention and that the applicant was not a danger to the investigation. Consequently, the Court granted bail subject to a personal bond, sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and further criminal activity.

Issues considered

Whether the delay in lodging the FIR and the nature of the alleged injury justify denial of bail
Whether the applicant poses a risk of tampering with evidence or influencing witnesses
Whether the applicant's alleged role in the offence warrants continued detention

Legislation cited

Indian Penal Code — s. 115(2), 117(2), 118(2), 351(3), 352

Subjects

bail
false implication
IPC sections
delay in FIR
assault with knife
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15381 of 2026

Anil Kumar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Namrata Shukla, Santosh Kumar
Shukla
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.27 of 2026, under Sections 115(2),
117(2), 352, 351(3), 118(2) B.N.S., 2023, Police Station- Achhalda,
District- Auraiya.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The First Information Report
has been lodged with a delay of three days by the injured himself. A role
of cutting off a part of the ear of the victim has been given to the applicant
in the First Information Report and the statement of the victim. The
applicant has not caused any injury which may be considered to be
dangerous to life. The role of assaulting using blunt weapons has been
given to the co-accused Guruvachan. The applicant has although a
criminal history of one previous case, however, he is on bail in the said
case. The applicant is not a previous convict and is in jail since
05.04.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant has been assigned a specific role of using a
kitchen knife to cut off the part of the ear of the victim. A recovery of a
knife has also been effected from pointing of the applicant. The
BAIL No. 15381 of 2026
2

allegations against the applicant are consistent and there is no apparent
reason for false implication.

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

6. The applicant although named in the First Information Report has been
given the role of using a kitchen knife to cut off a part of the ear of the
victim. The injury report indicates that a part of the ear of the applicant
was missing and there was an incised wound present on the right ear.
However, the said injury has not been opined to be dangerous to life. The
First Information Report is delayed by three days and no explanation has
been given in the First Information Report for the delay in lodging of the
First Information Report. The applicant is in jail since 5.4.2026 and he is
not a previous convict. The grievous injuries supposedly received by the
injured on his foot have been attributed to the co-accused Guruvachan and
his wife.

7. Taking into consideration the entire facts and circumstances of the
case, the period of detention of the applicant and the nature of injuries
attributed to him, I deem it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Anil Kumar, 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
BAIL No. 15381 of 2026
3

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 6, 2026
Sachin

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

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