Allahabad High Court
ANGAD YADAV @ GUDDU AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed and the accused-applicants are released on bail.
Summary
The accused Angad Yadav and Kripashankar Yadav applied for bail in a case involving alleged assault and a gunshot injury under several IPC sections. They claimed false implication, lack of prior criminal record, and that the injuries to the informant were simple, with the gunshot injury attributed to another co-accused. The State opposed bail, arguing that the applicants were explicitly named and involved in the assault. The Court examined the submissions and the nature of the injuries, and, without addressing the merits of the case, decided that the applicants were entitled to bail. Accordingly, the Court ordered their release on personal bond and sureties, citing recent Supreme Court bail guidelines.
Issues considered
- Whether the accused-applicants are entitled to bail despite being named in the FIR and the presence of a gunshot injury.
- Whether the nature and number of injuries and the alleged role of the applicants justify denial of bail.
- Whether the applicants' lack of prior criminal history and claim of false implication affect the bail decision.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- injury assessment
- Supreme Court bail jurisprudence
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32232 of 2026
Angad Yadav @ Guddu And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Bahadur Yadav
Counsel for Opposite Party(s) : G.A., Rajeev Kumar Rai, Sanjay
Kumar Rajbhar
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Lal Bahadur Yadav, learned counsel for accused-applicants,
Sri Sanjay Kumar Rajbhar, learned counsel for the informant and learned
A.G.A. for State.
2. The present bail application has been moved by the accused-applicants-
Angad Yadav @ Guddu & Kripashankar Yadav @ Tuwar to enlarge
them on bail in Case Crime No. 267 of 2026, under Sections 191(2),
115(2), 352, 109(1), 351(3), 191(3), 3(5) of BNS, P.S.- Kerakat, District-
Jaunpur, 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 29.06.2026 lodged
by one of the injured Vikas Rajbhar with the allegation that there was
some altercation between the injured informant and Dheeraj Yadav, later
on seven named including the accused-applicants and two anonymous
persons had assaulted the informant. His father and uncle came to rescue
him and they have also been assaulted. It is further contended that four
injuries each were suffered by Vikas Rajbhar and Buddhiram Rajbhar.
Three injuries suffered by Sudhiram, one is a gunshot injury. All the
injuries are stated to be simple in nature in the medico legal examination
report. The gunshot injury is assigned to the co-accused Dheeraj. The
charge sheet is submitted. The applicants have no criminal history, the
ones shown in the instruction are not related to the accused persons. The
accused applicants are languishing in jail since 03.07.2026. Hence, seeks
BAIL No. 32232 of 2026
2
enlargement of accused on bail.
4. Learned counsel for the informant and learned A.G.A. for State have
opposed the bail application and submits that the role of accused-
applicants are explicit. The statement of other injured has not been filed
along with the bail application. Further contended that other injured have
specifically named the accused-applicant. There is gun shot injury. The
presence of accused-applicants is explicit. Hence, the bail application be
rejected.
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 the role assigned to
the accused applicants, the accused/applicants are 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.)
October 1, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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