Allahabad High Court
HARSH RAIversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to Harsh Rai, finding that the circumstances warranted release on personal bond with conditions.
Summary
Harsh Rai was arrested in connection with a case (Crime No. 17 of 2026) alleging assault with a sharp‑edged weapon (tangari) under Sections 191(3), 109(1), 352 and 351(3) of the B.N.S. The victim, Sanjeev Rai, sustained two incised wounds and a contused swelling, none of which were life‑threatening. The applicant, who has three pending criminal cases but no convictions, has been in jail since 28 January 2026. The State opposed bail, while the applicant’s counsel highlighted that co‑accused Alok Rai, Laxmina Rai and Adarsh Giri had already been granted bail in similar circumstances. The Court, noting the non‑dangerous nature of the injuries, the applicant’s similar footing to the co‑accused, and the absence of any indication of flight or evidence tampering, found a prima facie case for bail and ordered his release on personal bond with two sureties and standard conditions. The order also directed electronic transmission of the bail order to the jail for prompt release.
Issues considered
- Whether Harsh Rai is entitled to bail despite the alleged assault with a sharp‑edged weapon.
- Whether the nature of the injuries and the applicant’s criminal history justify denial of bail.
- Whether the grant of bail to co‑accused in similar circumstances mandates similar relief to the applicant.
Legislation cited
- B.N.S. — s. 109(1), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- sharp‑edged weapon
- Uttar Pradesh
- personal bond
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16387 of 2026
Harsh Rai
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Pati Tiwari, Shubham 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. 17 of 2026, under Sections 191(3),
109(1), 352, 351(3) of B.N.S., Police Station- Gaurabadshahpur, District-
Jaunpur.
3. Learned counsel for the applicant has contended that the applicant is
said to have assaulted the injured Sanjeev Rai @ Sheru, using a 'tangari'.
The Learned counsel for the applicant further contends that the similar
role of causing injuries by sharp edged weapon (bhala) was assigned to
the co-accused namely Alok Rai and Laxmina Rai, who have been
granted regular bail by the coordinate Bench of this Court vide orders
dated 15.4.2026 and 30.3.2026, passed in Criminal Misc. Bail Application
Nos. - 12506 of 2026 and 10597 of 2026, respectively. One other co-
accused Adarsh Giri @ Pollo Giri has been granted bail by this Court vide
order dated 4.5.2026, passed in Criminal Misc. Bail Application No.
12825 of 2026. The applicant, although has a criminal history of three
cases, he is not a previous convict and he is on bail in the said cases. The
applicant is in jail since 28.1.2026.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail, however, he could not dispute the fact that case of the
BAIL No. 16387 of 2026
2
applicant stands on a similar footing to that of the aforesaid co-accused,
who have been granted bail by this Court.
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. The applicant and other co-accused have been assigned sharp edged
and pointed weapons. The injured has received two incised wounds as per
his medico legal examination report, prepared at A.S.U.S District
Hospital, Jaunpur. Other than the two incised wounds, there is contused
swelling which is said to have been found on the skull. No injury has been
received by the injured which could be opined to be dangerous to life.
7. Taking into account the entire facts and circumstances of the case,
prima facie, a case for bail is made out.
8. The bail application is allowed.
9. Let the accused-applicant- Harsh Rai, 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
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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.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 14, 2026
Vandana
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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