Allahabad High Court
GAUTAMversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The accused Gautam applied for bail in a case (Crime No. 155 of 2024) involving charges under IPC sections 323, 504, 506, 325 and 308, arising from an alleged assault on his uncle/nephew that resulted in two injuries, one a skull fracture, and the subsequent death of the injured party. The applicant contended that the FIR was false and frivolous, that the death was due to cardiopulmonary arrest rather than the injuries, and that he has no prior criminal record, while the State argued that the death was caused by the injuries. The Court examined the rival submissions, noted the false implication of a co‑accused during investigation, and considered the seriousness of the injuries and the number of accused. Without addressing the merits of the underlying offence, the Court concluded that the applicant was entitled to bail. Accordingly, bail was granted on personal bond and two sureties, with reference to Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail.
Issues considered
- Whether bail should be granted to an accused charged with offences under sections 323, 504, 506, 325 and 308 IPC where the alleged victim has died.
- Whether the alleged falsity of the FIR and false implication of a co‑accused affect the grant of bail.
- Whether the cause of death (injury‑related versus cardiopulmonary arrest) is material to the bail decision.
Legislation cited
- Indian Penal Code — s. 308, 323, 325, 504, 506
Subjects
- bail
- false FIR
- IPC offences
- assault
- death causation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31443 of 2026
Gautam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Kumar Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Anuj Kumar Gupta, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Gautam to enlarge him on bail in Case Crime No. 155 of 2024, under
Sections 323, 504, 506, 325, 308 IPC, P.S.- Rajpura, District- Sambhal,
during the pendency of trial.
3. It is the contention of learned counsel for applicant that false and
frivolous FIR has been lodged on 06.05.2024 by the injured/informant
against four persons with the allegation that the accused/applicant have
assaulted the injured/informant with lathi, danda, kicks and fists. It is
contended that the injured suffered two injures, one is fracture on his
head. It is further submitted that the accused/applicant has no criminal
history. The charge sheet is submitted. The accused/applicant and
informant are uncle and nephew. The accused applicant is son of the co-
accused, who has already been granted bail by this Court in order dated
17.7.2026. The false implication of co-accused Rahul is found during
investigation by the Investigating Officer, as at the time of incident, he
was on election duty and as such the charge sheet is not submitted against
him. Further submits that there was altercation between the parties on the
point of allocation of sugar cane price, received from the sugar mill. Out
of two injuries suffered by the injured, one is fracture on the skull bone.
The applicant is languishing in jail since 9.8.2026 and seeks to be
BAIL No. 31443 of 2026
2
enlarged on bail.
4. Learned AGA has submitted that the injured has passed away due to
the injuries. Hence the bail application be rejected.
5. Countering the argument, learned counsel for the applicant submits that
the death was due to cardio pulmonary arrest and not because of injuries
he sustained.
6. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
7. Considering the nature and number of injures and corresponding
number of accused out of whom, the name of one of the accused is found
to be false during investigation, the accused/applicant is entitled to be
released on bail.
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
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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