Allahabad High Court
RAJDEEP KUMARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed and the accused is released on bail.
Summary
The accused, Rajdeep Kumar, owner of a cricket ground, was arrested in connection with an assault on Rahul Singh that allegedly occurred when the ground was not vacated after the booked time. The FIR, filed on 27‑02‑2026, named four persons and an anonymous individual, and the accused faced multiple IPC charges including assault, rioting, and criminal conspiracy. The applicant, who has no prior criminal record, sought bail during the pendency of trial, contending that the incident was a dispute over the field’s usage and that he was falsely implicated. The State opposed the bail but could not refute the factual background presented. The High Court, without delving into the merits, granted bail on the basis of Supreme Court precedents on bail policy, ordering the applicant to furnish a personal bond and sureties.
Issues considered
- Whether bail should be granted to the accused under the multiple IPC charges pending trial
- Whether the facts and the applicant's lack of criminal history justify bail despite the seriousness of the alleged offences
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 131, 191(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- IPC
- false implication
- court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30545 of 2026
Rajdeep Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neetu Singh, Nishant Kumar, Prashant
Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Prashant Kumar, learned counsel for the accused-applicant
and learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Rajdeep Kumar to enlarge him on bail in Case Crime No. 60 of 2026,
under Sections 191(2), 131, 115(2), 352, 351(2), 109(1), 117(2) BNS,
P.S.- Lalpur/Pandeypur, District- Varanasi, 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 27.02.2026
lodged by the friend of injured Rahul Singh for alleged assault committed
by the accused-applicant. The F.I.R. is against four named and one
anonymous persons. Further contended that the accused-applicant is the
owner of the ground which was used to be given on rent for playing
cricket. The injured had booked the field for playing cricket on
26.02.2026 for 6 to 9 p.m. Despite expiry of time, the ground was not
vacated. At about 10:15 p.m., on the direction of the owner of the field,
the accused-applicant and other staff members went to switch off the light
of the field, which was the point of contention between the parties. The
applicant being the owner of the field came and there was altercation
between them when Rahul Singh, the injured suffered one injury on his
head, which came out to be fracture of the frontal bone. There is no
criminal history. The charge sheet is submitted. The applicant is in jail
since 01.03.2026 and hence, the applicant seeks to be released on bail.
BAIL No. 30545 of 2026
2
4. Learned A.G.A. for the State has opposed the bail application, but
could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered the arguments made by learned counsel for the applicant
that the field which is in the name of M.S. Cricket Academy and given for
the time being to the injured for playing cricket and after expiry of time,
he was asked to vacate the field. 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 8, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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