Allahabad High Court
GURUVACHANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail and the bail application is allowed.
Summary
The accused Guruvachan was arrested on 13‑12‑2024 in connection with FIR No. filed on 06‑12‑2024 alleging offences under Sections 115(2), 352 and 117(3) of the Indian Penal Code, including assault with a knife that resulted in the victim losing part of his ear. The victim and his wife initially supported the prosecution, but the wife later turned hostile and the victim did not corroborate the allegations. The applicant filed a second bail application after the first was rejected on 11‑08‑2025. The learned A.G.A. and counsel for the informant opposed bail, but the court noted the hostile witness and lack of prosecutorial support. Relying on Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail in re (2024) 10 SCC 685, the court held that the applicant was entitled to bail. Consequently, the bail application was allowed without addressing the merits of the case, subject to a personal bond and two sureties.
Issues considered
- Whether the accused is entitled to bail despite the seriousness of the offences alleged under Sections 115(2), 352 and 117(3) IPC.
- Whether the hostile stance of the victim’s wife and the victim’s lack of support for the prosecution affect the bail decision.
Legislation cited
- Indian Penal Code — s. 115(2), 117(3), 352
Subjects
- bail
- hostile witness
- Indian Penal Code
- Section 115
- Section 352
- Section 117
- Supreme Court bail jurisprudence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29398 of 2026
Guruvachan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shailesh Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Shailesh Kumar Shukla, learned counsel for the applicant hands up the
supplementary affidavit annexing the statement of victim and his wife, the
same is taken on record.
1A. Heard Sri Shukla, learned counsel for accused applicant and learned
A.G.A. for State.
2. This is second bail application of the accused/applicant. The first bail
application of the accused/applicant has been rejected in order dated
11.08.2025 in Crl. Misc. Bail Application No. 24804 of 2025 (Guruvachan
Vs. State of U.P.).
2A. The present bail application has been moved by the applicant/ accused-
Guruvachan to enlarge him on bail in Case Crime No. 283 of 2024, under
Sections 115(2), 352, 117(3) BNS, P.S.- Nanauta, District- Saharanpur,
during the pendency of trial.
3. As per prosecution case, in brief, complainant, who is an injured, got
F.I.R. lodged on 06.12.2024 for the offence under Sections 115(2), 352,
117(3) BNS against the applicant Guruvachan, co-accused Shivam and
Rampal with the allegation that on 04.12.2024 at 07:30 P.M., accused
persons came to his house and started abusing, on retraining them, they
started beating him with sticks. The applicant Guruvachan attacked him with
knife, due to which a part of his left ear got cut off. When his wife came to
save him, they assaulted her. It is further contended that the wife of injured
has turned hostile to the prosecution and the injured/informant has also not
BAIL No. 29398 of 2026
2
supported his version, which is alleged in the FIR. Hence, prayed that the
accused applicant, who is in jail since 13.12.2024 be released 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 that the informant wife turned hostile to the prosecution and
injured has not supported the prosecution version, 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.
September 8, 2026
Abhishek Sri.
(Avnish Saxena,J.)
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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