Allahabad High Court
IRSHADversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court granted bail to the accused, ordering release on personal bond and sureties, without addressing the merits of the case.
Summary
The accused, Irshad, applied for bail in a criminal case (Crime No. 145 of 2026) alleging he was falsely implicated in a delayed FIR for assaulting a woman with bricks, causing multiple injuries including one fatal. He claimed no motive, no prior criminal record, and that the FIR was lodged by his brother without independent witnesses. The State opposed bail but did not dispute the factual allegations. The High Court, after considering the submissions and the charge sheet, granted bail without addressing the merits, directing the accused to furnish a personal bond and two sureties, citing Supreme Court precedents on bail policy. The court also directed the accused to cooperate for a speedy disposal of the trial.
Issues considered
- Whether bail should be granted in a case involving serious injuries, including a fatal injury, under IPC Section 333.
- Whether the delayed filing of the FIR and alleged false implication affect the bail eligibility.
- Whether the absence of prior criminal history and lack of motive justify granting bail.
- Whether the court can grant bail without delving into the merits of the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109(1)
- Indian Penal Code — s. 333
Subjects
- bail
- false implication
- delayed FIR
- serious injury
- IPC 333
- CrPC 109
- Supreme Court bail jurisprudence
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28057 of 2026
Irshad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ravi Pandey, learned counsel for the accused-applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant
Irshad to enlarge him on bail in Case Crime No. 145 of 2026, under
Sections 109(1), 333 BNS, P.S.- Chandaus, District- Aligarh, during the
pendency of trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has been falsely implicated in F.I.R. dated 11.06.2026
lodged belatedly for the incident occurred in the night of 09.06.2026,
wherein the brother of accused-applicant has lodged the F.I.R. against the
accused-applicant that he came to his house and assaulted the informant's
wife Shabroon while she was all alone in the house and was sleeping on
the roof. The assault was made by the bricks. Further contended that it is
delayed F.I.R. with no explanation. The injured suffered three injuries,
out of which, one is fatal in nature. There is recovery of bricks at the
instance of accused-applicant in absence of independent witness. There is
no motive attributed on the accused-applicant for the said injuries. The
charge sheet is submitted. The applicant has no criminal history. The
applicant is in jail since 11.06.2026 and hence, the applicant seeks to be
released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, but could not dispute the aforesaid facts.
BAIL No. 28057 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered that the nature and number of injuries and the charge sheet
is submitted.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 29, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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