Allahabad High Court
INDAL SINGH AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the applicants are entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed by Indal Singh and Shailendra (Sheru) in a criminal case involving multiple IPC offences such as assault, grievous hurt and criminal conspiracy. The applicants alleged that they were falsely implicated in an FIR dated 19 July 2026, which arose from a family dispute over garbage dumping, and that a reciprocal FIR had been lodged against the informant. Both sides suffered injuries, and the court noted that no specific role was attributed to the applicants. After evaluating the cross‑versions and the lack of clear evidence linking the applicants to the alleged offences, the court decided to grant bail without addressing the merits of the case. The applicants were ordered to be released on personal bond with two sureties each, subject to cooperation with the investigation.
Issues considered
- Whether the applicants are entitled to bail despite the pending trial for offences under Sections 191, 190, 115, 352, 351, 109, 110 and 117 of the Indian Penal Code.
- Whether the existence of reciprocal FIRs and lack of specific incriminating role justify granting bail.
Legislation cited
- Indian Penal Code — s. 109(1), 110, 115(2), 117(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- Indian Penal Code
- criminal procedure
- assault
- grievous hurt
- reciprocal FIR
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31518 of 2026
Indal Singh And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Gangwar, Km Astha
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Amit Yadav, learned counsel holding brief appeared for informant
hands up Vakalatnama of Sri Rai Sahab Yadav, Advocate on behalf of
informant, is taken on record.
1A. Heard Sri Anand Gangwar, learned counsel for accused applicants,
Sri Yadav, learned counsel holding brief for informant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Indal Singh and Shailendra @ Sheru to enlarge him on bail in Case
Crime No. 214 of 2025, under Sections 191(2), 191 (3), 190, 115(2), 352,
351(3), 109(1), 110, 117(2) BNS, P.S.- Bharthana, District- Etawah,
during the pendency of trial.
3. It is the contention of learned counsel for applicants that the accused
applicants have been falsely implicated in FIR dated 19.07.2026 lodged
by the informant with the allegation that the accused persons, who are
thirteen in number pertaining to one family had assaulted the informant
and his family members with Kulhadi (axe) and kicks and fists wherein
seven persons suffered injuries, out of them two persons namely Rajendra
and informant Raguwar Singh suffered grievous injuries. Rajendra
suffered by fracture of parietal bone whereas Raghuwar Singh suffered
fracture on parietal and ulna bone. It is the contention of learned counsel
that both the parties are of same family and there was altercation between
the parties and FIR has already been lodged against the injured by co-
BAIL No. 31518 of 2026
2
accused Mahesh Chandra wherein six persons have been named in the
FIR for assaulting two persons from the side of accused, who suffered
injuries. There was an altercation between the parties on the point of
dumping garbage in the land. It is further submitted that the accused
applicants have criminal history of one case wherein investigation is
continuing and accused applicants have not been arrested. Further
contended that the accused applicants are co-operating in the
investigation, which is continuing. The accused applicants are languishing
in jail since 24.07.2026. He seeks enlargement of accused on bail.
4. Learned counsel for informant and learned A.G.A. for State 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 cross fight and cross version of the case wherein both
sides suffered injuries and FIR has been lodged against each other and
there is no specific role attributed on the accused applicant, the
accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicants 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-applicants shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 8, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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