Allahabad High Court
MAHAVEERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to be released on bail.
Summary
The accused Mahaveer applied for bail in a case (Crime No. 356 of 2026) involving alleged assault with lathi and danda, filed under Sections 115(2), 352, 351(3), 61(2) and 109(1) of the BNS. He claimed false implication, citing a belated FIR and an old enmity with the victims, and highlighted his extensive criminal history with many cases pending on bail. The State opposed the bail, but the court examined the submissions and the nature of the injuries, finding the accused's role not severe enough to deny bail. Relying on Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail, the court allowed the bail application without addressing the merits of the case. The accused was ordered to be released on personal bond and two sureties each, and to cooperate with the judicial process.
Issues considered
- Whether the accused is entitled to bail despite a substantial criminal history and pending trial under the specified sections of the BNS.
- Whether the nature and severity of the alleged injuries and the accused's alleged role affect the grant of bail.
- How the Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail should be applied to the bail determination.
Legislation cited
- BNS — s. 109(1), 115(2), 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- false implication
- pending trial
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31405 of 2026
Mahaveer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gowri Chauhan, Shiv Pratap Singh
Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Supplementary affidavit has been filed explaining the criminal history,
the same is taken on record.
1A. Heard Ms. Gowri Chauhan, 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-
Mahaveer to enlarge him on bail in Case Crime No. 356 of 2026, under
Sections 115(2), 352, 351(3), 61(2), 109(1) of BNS, P.S.- Khair, District-
Aligarh 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 the belated FIR dated
02.06.2026 for the incident of 30.5.2026. It is alleged in the FIR that four
persons have assaulted the informant/victim with lathi, danda and fire
arm. The role attributed on the accused applicant was of assaulting with
lathi and danda. The injures are simple in nature. The role of opening fire
arm was on Khushiram and Jitendra. The accused applicant is having
criminal history of 30 cases out of which, he has been acquitted in six
cases and in 24 cases, he is on bail. There was old enmity between the
parties. The investigation is continuing. The applicant is languishing in
jail since 31.7.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. has opposed the bail application.
BAIL No. 31405 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the complicity of the accused applicant in the present case
and the nature of injuries as well as role of 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 8, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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