Allahabad High Court
GULSHAN CHANDRAversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the delay in FIR registration and the simple nature of injuries established a prima facie case for bail, leading to the grant of bail.
Summary
The applicant, Gulshan Chandra, sought bail in a criminal case (Crime No. 05 of 2026) under Section 109(1) of the IPC and Sections 4 and 25 of the Arms Act. The applicant claimed innocence, arguing that the FIR was filed a day after the incident and that the injuries to the victim were simple. The State opposed the bail, but the court noted the delay in filing the FIR and the minor nature of the injuries. Without delving into the merits, the court found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the delay in filing the FIR justifies granting bail.
- Whether the nature and severity of the victim's injuries affect the bail decision.
- Whether the applicant has made out a prima facie case for bail under Sections 109(1) IPC and the Arms Act.
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Indian Penal Code — s. 109(1)
Subjects
- bail
- criminal procedure
- delay in FIR
- injury severity
- Arms Act
- Section 109 IPC
- prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32009 of 2026
Gulshan Chandra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.118 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ram Mohan Tiwari, Advocate holding brief of Sri Anil Kumar,
learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A.
for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.05 of 2026, under Sections 109(1)
BNS and Section 4/25 Arms Act, Police Station Sunngarhi, District Kasganj,
during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. It is
true that injured sustained several injuries, but in the opinion of the doctor,
the injuries were simple in nature, as per the supplementary report of the
injured person, which has been filed as Annexure-3 to the affidavit filed with
bail application.
5. Learned counsel for the applicant has further argued that the FIR is
delayed by about one day and there is no proper explanation of the said
delay caused either. The applicant is languishing in jail since 2.2.2026 and
she is ready to cooperate with trial. In case, the applicant is released on bail,
she will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
BAIL No. 32009 of 2026
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in institution of FIR coupled with the fact that
injuries sustained by the injured person were simple in nature, and without
expressing any opinion on the merits of the case, prima facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
8. Let the applicant- Gulshan Chandra, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that she shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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