Allahabad High Court
MONU @ MOHANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail as no specific role is attributed to him in the alleged assault.
Summary
Monu @ Mohan applied for bail in a criminal case (Crime No. 217 of 2026) arising from an FIR dated 4 July 2026 alleging assault on 3 July 2026. The applicant contended that he was falsely implicated, that affidavits of the injured and informant denied any role by him, and that no specific allegation or recovery was made against him. The State opposed the bail. The Court, after considering the submissions and the record, noted the nature of the injuries but observed that no specific role was attributed to the applicant, and therefore he was entitled to bail. The Court granted bail without addressing the merits, ordering release on a personal bond and two sureties, citing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail. The applicant was directed to cooperate with the judicial process for speedy disposal.
Issues considered
- Whether the accused Monu @ Mohan is entitled to bail despite the nature of the alleged offences and injuries
- Whether the lack of specific allegation against the accused justifies grant of bail
Legislation cited
- BNS — s. 109, 115(2), 191(3), 3(5), 351(3), 352
Subjects
- bail
- false implication
- assault
- criminal procedure
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30902 of 2026
Monu @ Mohan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Pandey, Yashwant
Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Yashwant Pratap Singh and Sri Brijesh Kumar Pandey,
learned counsel for accused applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Monu @ Mohan to enlarge him on bail in Case Crime No. 217 of 2026,
under Sections 191(3), 115(2), 352, 351(3), 109 and 3(5) of BNS, P.S.-
Dhaulana, District- Hapur during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
accused applicant has been falsely implicated in FIR dated 4.7.2026
lodged by Pintu Tomar against four accused persons including
the accused applicant with the allegation that on 3.7.2026 at about 05:00
am Himanshu Tomar son of informant was going to take milk. The
accused persons had tractor trolley stationed on the road. The injured has
asked them to remove the tractor trolley on which four accused persons
had assaulted him. He suffered injury on his head, which is fracture of his
parietal bone. The weapon used was favda. It is further contended that
there is no specific allegation against the accused applicant about the
assault. There is no recovery from the accused applicant. Learned counsel
for the applicant has drawn attention of this Court towards the affidavits
filed by the injured and informant denying the role of accused
applicant. The applicant has 8 cases criminal history out of which, in one
case, he is not named and in seven cases, neither notice has been issued to
him nor he was arrested. Those cases are of the year 2006-07 when he
BAIL No. 30902 of 2026
2
was juvenile. The applicant is languishing in jail since 3.7.2026. He is co-
operating in the investigation, which is continuing. He seeks enlargement
of accused on bail.
4. Learned A.G.A. has opposed the bail application.
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 and that no specific role
is attributed on the accused applicant, the accused applicant is entitled to
be enlarged 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 24, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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