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Allahabad High Court

AMAN RAJPOOTversusSTATE OF U.P.

Decided

Holding

The court held that, prima facie, a case for bail exists and therefore granted bail to the applicant.

Summary

The High Court considered a bail application filed by Aman Rajpoot, who was arrested in a case involving alleged assault on five persons under several sections of the B.N.S. The applicant argued that he was falsely implicated, had no specific role in the FIR, and had no criminal antecedents, noting that similarly situated co‑accused had already been granted bail. The State opposed bail, claiming the accused brutally assaulted the victims, but could not show that the injuries were grievous or life‑threatening nor point to any prior record. The Court observed that the allegations against the applicant were general, his role was unspecified, and the precedent of bail to co‑accused created a prima facie case for bail. Consequently, the Court allowed the bail application, imposing standard conditions and ordering his release on personal bond and sureties. The order clarified that it does not constitute an opinion on the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted when the applicant’s role in the alleged assault is unspecified and he has no criminal antecedents.
  • Whether the granting of bail to co‑accused in similar circumstances establishes a prima facie case for bail to the applicant.
  • Whether the nature of the offences alleged under sections 109, 115(2), 125, 190, 191(2), 191(3), 351(2) and 352 of the B.N.S. warrants denial of bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 125, 190, 191(2), 191(3), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • false implication
  • assault
  • no grievous injury
  • co‑accused bail precedent
  • personal bond
  • sureties

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16758 of 2026

Aman Rajpoot
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)               :    Ambrish Kumar Kashyap
Counsel for Opposite Party(s)          :    G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Supplementary affidavit, filed today, is taken on the record.

2. Heard learned counsels for the applicant, learned A.G.A. for the State
and perused the record.

3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.48 of 2026, under Sections 109,
115(2), 125, 190, 191(2), 191(3), 351(2), 352 of B.N.S., Police Station-
Indergarh, District- Kannauj.

4. The learned counsel for the applicant submit that the applicant has been
falsely implicated in the present case. The applicant though named in the
First Information Report, has not been given any specific role. The
injured, who are five in number, have not received any grievous injury or
any injury, which may have been stated to be dangerous to life. The
learned counsel for the applicant further contends that the similarly
situated co-accused viz. Jeetu Kumar @ Jitendra, Ramkishore, Pradeep
Kumar @ Sheelu have been granted regular bail by this Court vide a
common order dated 4.5.2026 passed in connected Criminal Misc. Bail
Applications No. - 13502 of 2026, 12883 of 2026 and 13626 of 2026 as
well as co-accused Jitendra Fauji @ Abhishek, Jagpal Singh and
Pushpendra Singh @ Chaudhary have also been granted regular bail by
this Court vide its orders dated 07.5.2026 and 13.05.2026 passed in
Criminal Misc. Bail Applications No. 14565 of 2026, 14614 of 2026 and
16298 of 2026, respectively. The case of the applicant is at par with that
of the co-accused. He further contends that the applicant has no criminal
                                                         BAIL No. 16758 of 2026
                                2


antecedents and he is in jail since 06.03.2026.

5. The learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant and the other accused have brutally assaulted
the injured, who are five in number. The learned A.G.A., however, could
not dispute the fact that the injured have not received any grievous injury
or any injuries, which may be stated to be life threatening. The learned
A.G.A. has also not pointed out any criminal antecedents of the applicant.

6. I have considered the submissions made by the learned counsels for the
parties.

7. General allegations have been made against the applicant and 15 other
named accused along with some unknown accused of assaulting the
injured. The applicant is in jail since 6.3.2026 and is not stated to have
any criminal antecedents. The informant has not specified the role of the
applicant.

8. Taking into account the fact that general allegations have been made
against the applicant and 15 other accused persons along with some
unknown for assaulting the injured and also the fact that similarly situated
co-accused viz. Jeetu Kumar @ Jitendra, Ramkishore, Pradeep Kumar @
Sheelu, Jitendra Fauji @ Abhishek, Jagpal Singh and Pushpendra Singh
@ Chaudhary have been granted regular bail by this court, prima face, a
case for bail is made out.

9. The bail applications are allowed.

10. Let the accused-applicant- Aman Rajpoot, 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
                                                                                             BAIL No. 16758 of 2026
                                                                    3


                                    trial court, unless his personal appearance is exempted by the court
                                    concerned.

                                    11. In the event of breach of any of the aforesaid conditions, the court
                                    below will be at liberty to proceed to cancel his bail.

                                    12. It is made clear that the applicants 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.

                                    13. 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 applicants.

                                    14. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and shall not be construed as an opinion on the
                                    merits of the case.



                                                                                       (Rajiv Lochan Shukla,J.)
                                    May 18, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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