Allahabad High Court
KALLU @ SAURAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that a prima facie case for bail exists and granted bail to the applicant.
Summary
The applicant Kallu @ Saurav filed a bail application in Criminal Misc. Bail Application No. 15534 of 2026, seeking release in a case (Crime No. 90 of 2025) involving alleged offences under Sections 109(1), 191(2), 190 of the IPC and Section 117(2) of the B.N.S. The applicant contended that he was falsely implicated, asserting that the injuries arose from a road‑traffic accident and that the FIR of assault was fabricated. The injured party, Hunny @ Colonel, turned hostile during trial and stated that no assault occurred. The State opposed bail but could not refute the hostile witness claim. The court noted the applicant’s clean record, his incarceration since 17‑09‑2025, and that a co‑accused, Mahesh, had been granted bail in a similar case. Considering these facts, the court found a prima facie case for bail and ordered the applicant’s release on personal bond and sureties with standard conditions. The order also directed electronic transmission of the bail order to the jail for prompt release.
Issues considered
- Whether bail should be granted to the accused despite the pending charges under IPC Sections 109, 191, 190 and B.N.S. Section 117(2).
- Whether the applicant’s claim of false FIR and the hostile witness affect the bail decision.
- Whether the applicant’s lack of prior criminal antecedents and the precedent of bail granted to a co‑accused warrant bail.
Legislation cited
- B.N.S. Act — s. 117(2)
- Indian Penal Code — s. 109, 190, 191
Subjects
- bail
- false FIR
- hostile witness
- road traffic accident
- Indian Penal Code
- Section 109 IPC
- Section 191 IPC
- Section 190 IPC
- Section 117(2) B.N.S.
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15534 of 2026
Kallu @ Saurav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Sawhney, Ram Singh
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.90 of 2025,
under Sections 109(1), 191(2), 190, 117(2) B.N.S., Police
Station- Nagal, District- Bijnor.
3. The Learned counsel for the applicant submits that the
applicant has been falsely implicated in the present case. The
applicant has been named along with five other accused
persons. The injuries sustained by the injured and one of the
co-accused Navneet were in a road traffic accident, however, a
false First Information Report of assault was made. He further
contends that the trial is in progress and the injured Hunny @
Colonel has in his statement been declared hostile and has
stated that he had received injuries in an accident, the applicant
and the other accused had not assaulted him. The applicant is in
jail since 17.09.2025 having no criminal antecedents.
4. The Learned A.G.A. has opposed the prayer for grant of bail,
however, has been unable to dispute the fact that the injured
has turned hostile before the trial Court.
5. I have considered the submissions made by the Learned
BAIL No. 15534 of 2026
2
counsels for the parties and perused the record.
6. The applicant is in jail since 17.09.2025 having no criminal
antecedents. Similarly situated co-accused Mahesh has been
granted bail by this Court vide its order dated 13.04.2026
passed in Criminal Misc. Bail Application No. - 6582 of 2026
(Mahesh Vs. State of U.P.). The injured has turned hostile and has
not supported the prosecution version.
7. Taking into account the entire facts and circumstances of the
case, prima facie, a case for grant of bail is made out.
8. The bail application is allowed.
9. Let the accused-applicant- Kallu @ Saurav, 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
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3
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.
May 7, 2026
Sachin
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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