Allahabad High Court
SHERPALversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is allowed.
Summary
The applicant, Sherpal, was arrested in connection with a case (Crime No. 235 of 2025) alleging assault under Sections 109, 115(2), 352 and 351(2) of the B.N.S. The prosecution alleged that Sherpal was armed with an axe and bore the main role in the assault, while the defence argued that he was falsely implicated and that the injuries to the victims were not life‑threatening. Medical reports showed a non‑critical fracture to Vidya and minor injuries to Ram Kishor, and the informant’s statement assigned Sherpal a specific role only in the injury to Vidya. The court examined the statements, medical evidence, and the applicant’s lack of prior criminal record, concluding that the case did not warrant continued detention. Accordingly, the court held that a prima facie case for bail existed and granted bail subject to standard conditions. The order directed the release of Sherpal on personal bond and sureties, with provisions for revocation upon breach.
Issues considered
- Whether bail should be granted to the accused in a case involving assault under Sections 109, 115(2), 352 and 351(2) of the B.N.S.
- Whether the evidence on record establishes a prima facie case justifying continued detention
- Whether the applicant poses a risk of tampering with evidence, influencing witnesses, or committing further offences
Legislation cited
- B.N.S. — s. 109, 115(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- medical evidence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16421 of 2026
Sherpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shivajee Singh Sisodiya
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. 235 of 2025, under Sections 109,
115(2), 352, 351(2) of B.N.S., Police Station- Hafizganj West, District-
Bareilly.
3. The Learned counsel for the applicant has contended that the
applicant has been falsely implicated in the present case. The role of the
applicant, as specified in the statement of the injured, is of causing injury
to the victim Vidya. In the medical board constituted, the injured Vidya is
said to have received fracture of the zygomatic bone on the right side,
which is not a life threatening injury. It is further contended that the
fracture of the frontal bone was found on the injured Ram Kishor who has
given a general role of assault to all the accused persons. The informant
has also given a specific role to the applicant of causing injury on the
injured Vidya and a general role has been given to all the accused, so far
as assault on Ram Kishor is concerned. The applicant has no criminal
antecedents. The applicant has no criminal antecedents and he is in jail
since 28.2.2026.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and contended that it was the applicant Sherpal who is said to
have been armed with an axe and the independent witnesses have
BAIL No. 16421 of 2026
2
supported the version of the prosecution and have given the main role of
assault to the applicant.
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, so far as the statement of the injured witnesses is
concerned, has been given a specific role of causing injury to the injured
Vidya Devi. In the first X-ray report of the injured Vidya Devi, no
fracture was found. Later on in her CT Scan a fracture was found and
even the said fracture, which is said to be of the zygomatic bone, has not
been opined to be dangerous to life. In the medical examination report of
the injured, a single lacerated wound has been found on the injured Ram
Kishor and one lacerated wound and one contusion have been found on
the injured Vidya. General role of assault has been given to all the
accused who are four in number to the injured Ram Kishor.
7. Taking into account the entire facts and circumstances of the case, the
period of detention of the applicant and the role assigned to him, prima
facie, a case for bail is made out.
8. The bail application is allowed.
9. Let the accused-applicant- Sherpal, 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.
BAIL No. 16421 of 2026
3
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.
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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