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Allahabad High Court

VINOD KUMARversusSTATE OF U.P.

Decided

Holding

The Court granted bail to the accused without touching the merits of the case.

Summary

The High Court considered a bail application filed by Vinod Kumar, who was arrested in connection with an alleged assault over a Rs.400 dispute during a marriage ceremony. The FIR alleged that the accused, along with others, used lathi, danda, kulhari and baluwa, causing grievous injuries to one victim, Brahma Dev, though the medical report was not produced. The applicant had no prior criminal record and had been in custody since 10 June 2026, while a co‑accused, Premchand, had already been granted bail by a coordinate bench. The State opposed bail but did not dispute the factual matrix. After reviewing the submissions and the role of the accused, the Court, without addressing the merits of the case, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, citing Supreme Court precedents on bail policy.

Issues considered

  • Whether bail should be granted to the accused under Sections 109(1), 115(2), 351(3) and 352 of the IPC in the present circumstances
  • Whether the absence of a medical report on the alleged injuries affects the bail decision
  • Whether the grant of bail to a co‑accused influences the bail application of the petitioner

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • assault
  • personal bond
  • sureties
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30080 of 2026

Vinod Kumar
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                        :   Bindu Kumari
Counsel for Opposite Party(s)                   :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Ms. Bindu Kumari, learned counsel for the accused-applicant
and learned A.G.A. for the State.

2. In pursuance of the previous order passed by this Court, the medical
report of Brahma Dev has not been placed before this Court.

3. The present bail application has been moved by the accused-applicant
Vinod Kumar to enlarge him on bail in Case Crime No. 67 of 2026,
under Sections 109(1), 115(2), 351(3), 352 BNS, P.S.- Myorpur, District-
Sonbhadra, during the pendency of trial.

4. It is contended by learned counsel for the accused-applicant that the
F.I.R. has been lodged by the son of one of the injured with the allegation
that there was some altercation between the parties on the point of
allocation and distribution of Rs.400/-, which they got while playing band
in the marriage. It is alleged that the assault was carried out by lathi,
danda, kulhari and Baluwa. Four persons were shown injured, out of them
Brahma Dev suffered grievous injuries. The injury report has not been
produced. The co-accused, who has similar role, namely, Premchand, has
been granted bail by the coordinate Bench of this Court in order dated
01.09.2026. There is no separate role assigned to the accused. The charge
sheet is submitted. The applicant has no criminal history. The applicant is
in jail since 10.06.2026 and hence, the applicant seeks to be released on
bail.
                                                                                          BAIL No. 30080 of 2026
                                                                  2


                                    5. Learned A.G.A. for State has opposed the prayer for bail of the
                                    applicant, but could not dispute the aforesaid facts.

                                    6. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    7. Considered the role of accused-applicant.

                                    8. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    9. 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].

                                    10. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                          (Avnish Saxena,J.)
                                    September 8, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad


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