Allahabad High Court

GAGANversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

Bail is granted because the applicant was not named in the FIR, has a minimal alleged role, and no prior convictions, making him eligible for release on bail.

Summary

The High Court considered a bail application filed by Gagan, who was arrested in connection with Crime No.02 of 2026 under IPC sections 109(1), 352 and 3(5) of the B.N.S. The applicant contended that he was falsely implicated, not named in the FIR, and his alleged role was limited to "catching hold" as per the injured's statement. The State opposed bail but could not refute the applicant's claim of non‑inclusion in the FIR and the minimal role assigned. The Court noted the applicant's lack of prior convictions, his existing bail in three other cases, and the fact that he had been in custody since 2 January 2026. Relying on these facts, the Court held that bail was appropriate, subject to standard conditions. Consequently, the bail application was granted, with the applicant ordered to execute a personal bond and provide two reliable sureties.

Issues considered

Whether the applicant, not named in the FIR and alleged to have a minor role, is eligible for bail under the circumstances
Whether the applicant's prior criminal history affects the grant of bail

Legislation cited

B.N.S. — s. 3(5)
Indian Penal Code — s. 109(1), 352

Subjects

bail
false implication
FIR
Indian Penal Code
criminal procedure
section 109
section 352
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15492 of 2026

Gagan
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Deepak Rana
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.02 of 2026, under Sections 109(1),
352, 3(5) B.N.S., Police Station- Loni Border, District- Ghaziabad.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant is not named in
the First Information Report and four other accused persons viz. Shivam
@ Chudhi, Naveen, Samir and Vishal have been nominated in the First
Information Report. The two injuries received by the injured have been
assigned to the co-accused Shivam and Naveen, during investigation. The
applicant has been assigned the role of catching hold in the statement of
the injured. The applicant is in jail since 02.01.2026. The applicant has a
criminal history of three cases except the present case and he is on bail in
all the cases. He is not a previous convict.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
has been unable to dispute the submissions made by the Learned counsel
for the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
BAIL No. 15492 of 2026
2

6. Taking into consideration the fact that role assigned to the applicant is
only of catching hold and the applicant is in jail since 02.01.2026 and also
the fact that the applicant was not named in the First Information Report, I
deem it fit to enlarge the applicant on bail.

7. The bail application is allowed.

8. Let the accused-applicant- Gagan, 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.

9. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his 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 7, 2026
Sachin

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

Continue reading with your account

Checking your session…