Allahabad High Court

SANNOversusSTATE OF U.P.

Decided: 8 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The Court granted bail to the applicant, finding the case fit for release on personal bond and sureties.

Summary

The applicant, Sanno, was arrested in connection with a criminal case (Crime No. 357 of 2026) involving IPC sections 109(1), 115(2), 118(1), 118(2), 352 and 333. The applicant contended that he was falsely implicated, pointing out a material contradiction between the FIR, which attributes the injury to his co‑accused Sadam, and the injured's later statement, which implicates the applicant. He has no prior criminal record and has been in custody since 3 June 2026, asserting that he will not misuse bail and will cooperate with the trial. The State opposed bail but did not dispute the applicant's claim of inconsistency in the evidence. The Court, after considering the facts, the nature of the allegations and the applicant's conduct, decided that the case was suitable for bail without expressing any view on the merits, and ordered his release on personal bond and two sureties with standard conditions. The order also clarified that the bail observations are limited to the bail application and do not affect the trial's merits.

Issues considered

Whether the applicant is entitled to bail despite the serious nature of the offences alleged under the IPC.
Whether the contradictions between the FIR and the injured's statement justify granting bail.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 118(1), 118(2), 333, 352

Subjects

bail
criminal procedure
IPC sections
contradictory evidence
flight risk
witness tampering

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27318 of 2026

Sanno
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Avinash Pandey
Counsel for Opposite Party(s) : G.A., Mohd. Naushad

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant, Mohd. Naushad, learned
counsel for the opposite party, learned A.G.A. and perused the record.

2. The applicant is involved in Case Crime No. 357 of 2026 under
Sections -109(1), 115(2), 118(1), 118(2), 352, 333 BNS Police Station -
Kairana District -Shamli.

3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that, in the First Information Report, the role of causing injury
has been specifically attributed to the co-accused, Sadam, who is the
husband of the present applicant. However, subsequently, in the statement
of the injured recorded during the course of investigation, the role of
causing the injury has been attributed to the present applicant. Thus, there
is a material contradiction between the version contained in the FIR and
the statement of the injured recorded during the course of
investigation. Charge-sheet has been submitted in the matter. There is no
criminal history against the applicant.The applicant is in jail since
03.06.2026. Therefore, the applicant is entitled for bail. Learned counsel
for the applicant has further submitted that if the applicant is released on
bail, the applicant would not misuse liberty of bail and is ready to co-
operate in the trial.

4. Learned A.G.A. as well as learned counsel for the opposite party has
opposed the prayer for bail but he has not disputed the above contention
BAIL No. 27318 of 2026
2

made by the learned counsel for the accused-applicant.

5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.

6. Let applicant - Sanno be released on bail in the aforesaid case crime
number on furnishing a personal bond and two reliable sureties of the
like amount to the satisfaction of the court concerned subject to following
conditions, which are being imposed in the interest of justice:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social
activity.

7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.

8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.

(Jai Prakash Tiwari,J.)
September 9, 2026
S.K.

Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad

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