Allahabad High Court
SHIVAM SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court granted bail to the accused-applicant.
Summary
Shivam Singh applied for bail in a criminal case (Crime No. 137 of 2026) involving charges under several IPC sections for an alleged assault on 10 April 2026. He claimed he was falsely implicated by the informant, Shivam Gupta, and that the incident was a simple altercation without intent to murder, with injuries to the victims being minor except for one serious injury. The State opposed bail, citing the number of injuries and the involvement of 17 persons in the FIR. The Court, after considering the submissions and the Supreme Court’s recent bail jurisprudence (Girish Gandhi v. State of UP and Policy Strategy for grant of bail in re), allowed the bail application without addressing the merits of the case. The applicant was ordered to be released on personal bond with two sureties, and to cooperate with the judicial process for speedy disposal.
Issues considered
- Whether bail should be granted to the accused despite serious assault charges and multiple injuries.
- Whether the alleged false implication and lack of a specific role of the accused justify bail.
- Whether the applicant's prior criminal history and custodial status affect the bail decision.
- How the Supreme Court’s recent bail guidelines (Girish Gandhi case and Policy Strategy case) apply to this matter.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(2), 131, 191(2), 191(3), 3(5), 352
Subjects
- bail
- false implication
- assault
- Indian Penal Code
- Supreme Court precedent
- criminal procedure
- injury
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30795 of 2026
Shivam Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brij Raj Singh, Piyush Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Brij Raj Singh, 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
Shivam Singh to enlarge him on bail in Case Crime No. 137 of 2026,
under Sections 191(2), 191(3), 115(2), 352, 131, 109(1), 118(2), 3(5)
BNS, P.S.- Rawatpur, District- Kanpur Nagar, 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 11.04.2026
lodged belatedly by the informant Shivam Gupta, who is the owner of
electrical shop against the five named and ten anonymous persons with
the allegation that on 10.04.2026 at about 23:45 hours, the accused
persons had assaulted the informant, his friends Vishal and Eshan, when
Shivam Gupta has asked for Rs. 22,000/- from accused/applicant for the
previous purchase of cooler by him. It is on this issue that the assault has
been made. Further submits that Shivam Gupta and Eshan suffered one
injury each, which is simple in nature, whereas, the injured Vishal
suffered six injuries on his person with a loss of vision of right eye.
Further submits that the weapons allegedly used by accused persons is
lathi, danda and sariya. Further submits that it was merely an altercation
between the parties, which led to the fight. There is no specific role
attributed on the accused-applicant. It was not with the intention to
BAIL No. 30795 of 2026
2
commit murder. The applicant has criminal history of three cases and in
all the cases he is on bail. The charge sheet is submitted. The applicant is
in jail since 10.06.2026 and hence, the applicant seeks to be released on
bail.
4. Learned A.G.A. for State has opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered the number and nature of injuries and implication of nearly
17 persons in the F.I.R.
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 24, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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