Allahabad High Court
SANNI CHAUDHARY ALIAS GOLAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is allowed, and the accused is released on bail subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed by Sanni Chaudhary alias Gola, who had been in custody since 24 March 2026 for alleged assault under IPC sections 109, 118, 191 and a B.N.S. provision. The applicant claimed false implication, noting that the FIR did not name him, the injured victim did not identify him, and no incriminating article was recovered from him. The State opposed bail, emphasizing the grievous injuries inflicted but could not point to any criminal antecedent of the applicant. The Court observed that no identification parade was conducted, the co-accused Krishna Sauran, similarly situated, had been granted bail, and there was no material linking the applicant to the crime. Consequently, the Court allowed the bail application, ordering release on personal bond with two sureties and imposing standard conditions, while directing procedural steps for his release.
Issues considered
- Whether bail should be granted to the accused in the absence of identification and direct evidence.
- Whether the applicant's alleged involvement can be established given the lack of naming in the FIR and absence of incriminating material.
- Whether the grant of bail to a similarly situated co-accused influences the decision to grant bail to the applicant.
Legislation cited
- B.N.S. — s. 3(5)
- Indian Penal Code — s. 109(1), 118(1), 191(2), 191(3)
Subjects
- bail
- false implication
- assault
- identification parade
- criminal antecedents
- Indian Penal Code
- High Court of Allahabad
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16779 of 2026
Sanni Chaudhary Alias Gola
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikash Chandra Tiwari
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. 73 of 2026, under Sections 109(1),
118(1), 191(2), 191(3), 3(5) B.N.S., Police Station- Wave City, District-
Ghaziabad.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The F.I.R. had been lodged
against unknown persons, regarding assault made on the injured. The
police arrested the applicant and four other co-accused on the basis of an
information, received from a police informer and recovery of a spade
(fawda) has been made from the co-accused Sherupal, who has also
confessed to assaulting the injured, using the spade. A general role has
been assigned to the applicant of assaulting the injured in the said
confessional statement. Similarly situated co-accused Krishna Sauran has
been granted regular bail by this Court vide order dated 13.05.2026
passed in Bail Application No.16171 of 2026. He further contends that
the applicant has no criminal antecedents and he is in jail since
24.03.2026.
4. The learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant along with other co-
accused has caused grievous injuries to the injured. The learned A.G.A.
has further stated that multiple incised wounds have been found on vital
BAIL No. 16779 of 2026
2
parts of the body of the injured. He, however, could not point out any
criminal antecedent of the applicant.
5. I have considered the submissions made by the Learned counsels for
the parties.
6. The applicant is stated to be in jail since 24.3.2026. He is not named in
the F.I.R. A perusal of the statement of the injured from the case diary,
produced by learned A.G.A. in the Court today, also indicates that the
injured has not named the applicant. The injured claims to have been
assaulted by 8-9 unknown persons and no test identification parade
appears to have been conducted. No incriminating article has been
recovered from the possession or on pointing of the applicant. Co-accused
Krishna Sauran has been granted bail by this Court.
7. Taking into account all the facts and circumstances of the case and also
the fact that similarly situated co-accused Krishna Sauran has been
granted bail by this Court, prima facie, a case for grant of bail is made
out.
8. The bail application is allowed.
9. Let the accused-applicant- Sanni Chaudhary alias Gola, 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
BAIL No. 16779 of 2026
3
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.
(Rajiv Lochan Shukla,J.)
May 18, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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