Allahabad High Court
INDRAJEETversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The applicant, Indrajeet, was arrested in connection with Crime No. 174 of 2025, charged under Sections 191(2), 191(3), 190, 115(2) and 109(1) of the B.N.S. for alleged assault with a lathi‑danda, rod and pharsa. He claimed innocence, stating that no specific role was assigned to him, no incriminating material was recovered, and a CT scan of the alleged victim showed no significant abnormality. The State opposed bail, but the court considered the nature of the offence, the lack of material evidence, the medical report, and the applicant’s clean criminal record. Without expressing an opinion on the merits, the court concluded that the applicant is entitled to bail during trial. He was released on personal bond with two sureties, subject to conditions of attending trial, not tampering with witnesses, and not engaging in illegal activity.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged assault under Sections 191(2), 191(3), 190, 115(2) and 109(1) of the B.N.S. considering the nature of the offence, evidence, medical report and the accused’s criminal history.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- Section 191
- Section 190
- Section 115
- Section 109
- medical report
- no prior criminal record
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2695 of 2026
Indrajeet
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kshitij Tiwari
Counsel for Opposite Party(s) : Ashutosh Tiwari, G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit filed on behalf of applicant is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the
informant, learned A.G.A. for the State and perused the material on
record.
3. By means of this application, the applicant who is involved in Case
Crime No. 174 of 2025, under Sections 191(2), 191(3), 190, 115(2) and
109(1) of B.N.S., P.S. Baburi, District-Chandauli, is seeking enlargement
on bail during the trial.
4. 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 general allegation of
assaulting the victim with lathi-danda, rod and pharsa has been levelled
against eight persons, including applicant. No specific role has been
assigned to the applicant. No incriminating article or material has been
recovered either from the applicant or on his pointing out. He further
submitted that the C.T. Scan report of the injured "No significant
abnormality is seen". Copy of the NCCT Head is annexed as Annexure-
4 to the affidavit accompanying bail application. He lastly submitted that
the applicant, who is in jail since 1.11.2025 and has no criminal
antecedents to his credit is entitled to be enlarged on bail during pendency
of the trial.
5. The prayer for bail has been vehemently opposed by learned A.G.A.
BAIL No. 2695 of 2026
2
6. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, submissions of learned counsel for
the parties and considering the C.T. Scan report of the injured, which
reveals "No significant abnormality is seen"; the applicant has no
criminal history; without expressing any opinion on the merits of the case,
this Court is of the view that the applicant is entitled to be enlarged on
bail during the pendency of the trial.
7. Let the applicant, Indrajeet be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
April 10, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
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