Allahabad High Court
ADITYA PRAJAPATI @ GOLUversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that the seriousness of the injuries and the victims' statements do not justify granting bail, and therefore denied the bail application.
Summary
The applicant, Aditya Prajapati, sought enlargement of bail during trial for offences under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109 of the B.N.S. He claimed innocence, alleging false implication and that his name was added only during investigation, with no incriminating material recovered. The State opposed bail, highlighting the grievous injuries suffered by two victims, Nabi Rasool and Sartaj, and presenting detailed medical descriptions. The court examined the nature of the injuries and the victims' statements, finding them sufficient to constitute serious harm. Consequently, the court concluded that the circumstances did not warrant bail. The bail application was therefore rejected.
Issues considered
- Whether the nature and extent of injuries to the victims justify denial of bail.
- Whether the applicant's claim of false implication and lack of prior record merit bail.
- Whether the injuries satisfy the elements of offence under Section 109 of the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- grievous hurt
- injury
- false implication
- section 109
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2216 of 2026
Aditya Prajapati @ Golu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Mishra
Counsel for Opposite Party(s) : Anoop Kumar Dubey, G.A., Sudhir
Tiwari
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the
informant, learned AGA for the State and perused the record.
2. By means of this application, the applicant who is involved in case
crime no. 296 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3)
and 109 of B.N.S., P.S. Turkpatti, District-Kushinagar, is seeking
enlargement on bail during the trial.
3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that the applicant was not
named in the first information report. His name as an accused in the
present case surfaced for the first time during investigation. No
incriminating article or material has been recovered either form the
possession of the applicant or on his pointing out. He further submitted
that the injuries sustained by the injured were not dangerous to life,
therefore, the essential ingredients of offense under Section 109 of the
B.N.S. are not fulfilled. He lastly submitted that the applicant, who is in
jail since 25.10.2025 and has no criminal antecedents to his discredit is
entitled to be enlarged on bail during pendency of the trial.
4. Per contra learned AGA opposed the prayer for bail and submitted that
grievous injuries have been caused to the injured Nabi Rasool and Sartaj.
The details of the injuries are at page nos. 21 to 22, which reads as under:-
BAIL No. 2216 of 2026
2
Injury of Nabi Rasool
"(i). Stitched wound 3.4 x 3 stitches present on left side parietal 9 cm
above from left eyebrow;
(ii) Stitched wound 4.2 cm x 3 stitches present on left side front of head
4.8 cm above from left eyebrow;
(iii) Linear abrasion 2 cm x 0.1 cm present on dorsal aspect of right
forearm 8.2 cm below from right elbow joint."
Injury of Sartaj
(i). "Abrasion 1.5 cm x 0.3 cm present on dorsal aspect of right arm4.5
cm above from right elbow joint;
(ii) Abrasion 1.4 cm x 0.5 cm present on right side back of chest 4.5 cm
medially above from inferior angle of right scapula;
(iii) Abrasion 0.5 cm x 0.2 cm present on left side back of chest just
below from inferior angle of left scapula;
5. Having considered the nature of the injuries sustained by the injured
Nabi Rasool and the injuries sustained by the injured Sartaj and the
statement of the injured persons, this Court is not inclined to enlarged the
applicant on bail, accordingly, the bail application is rejected.
(Harvir Singh,J.)
April 10, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
Checking your session…