Allahabad High Court
RITIKversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail as the injuries were minor and there was no clear intention to commit murder.
Summary
The High Court of Allahabad considered a bail application filed by Ritik, accused in a case under several IPC sections including assault and attempted murder. The FIR alleged that Ritik, as a pillion rider, assaulted a traffic police constable who was pursuing him, causing minor head injury. The applicant argued he has no criminal record, is a student preparing for competitive exams, and the injury was not serious, showing no intent to kill. The State opposed bail, citing the seriousness of the charges. After reviewing the submissions and the medical report, the court concluded that the nature of the injury and lack of clear murderous intent warranted bail, and ordered his release on personal bond and sureties, referencing recent Supreme Court bail jurisprudence.
Issues considered
- Whether bail should be granted to the accused despite charges under IPC sections 109(1), 132, 3(5), 115(2), 352 and 351(2).
- Whether the extent of injuries and alleged intent to kill justify denial of bail.
- Whether the applicant's personal circumstances (student, exam preparation) affect the bail decision.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 132, 3(5), 351(2), 352
Subjects
- bail
- Indian Penal Code
- assault
- attempted murder
- injury assessment
- judicial discretion
- student applicant
- Supreme Court bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28262 of 2026
Ritik
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Atul Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Atul Kumar Srivastava, learned counsel for accused
applicant and learned A.G.A. for State.
1A. Learned AGA for the State hands up the counter affidavit, the same is
taken on record.
2. The present bail application has been moved by the applicant/ accused-
Ritik to enlarge him on bail in Case Crime No. 498 of 2026, under
Sections 109(1), 132, 3(5), 115(2), 352, 351(2) BNS, P.S.- Kotwali City,
District- Bijnor, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 29.06.2026 lodged by the
Traffic Police Constable with the allegation that the two accused persons
including the accused/applicant while on motorcycle bearing no. UP20CE
1211 have been intercepted by the traffic police while he was on traffic
duty. The accused started hurling abuses and assaulted the
injured/informant with the intention to kill. The accused/applicant is a
pillion driver. It is the contention of learned counsel that the applicant is
pursuing his competitive examination and he speed up the motorcyle, the
traffic police person on chasing fell on the ground and suffered injuries.
There is no overt act on the part of the accused/applicant. The medico
legal report shows one injury on the head of the injured, which came out
to be 'no significant neuroparenchymal abnormality detected'. Even if the
BAIL No. 28262 of 2026
2
injury and weapon, is taken to consideration, the same cannot qualify that
the accused/applicant has any intention to commit murder. The applicant
has no criminal history. The accused applicant is languishing in jail since
09.07.2025. The investigation is continuing and he is cooperating in the
investigation. The accused/applicant is a student and therefore, seeks
enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the nature and number of injuries on the person of injured
and the argument raised by learned counsel, the accused/applicant is
entitled to be released on bail.
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 8, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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