Allahabad High Court
MOHITversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Mohit, who was charged in FIR No. 279/2026 for offences including Sections 191(2), 191(3), 190, 131, 115(2), 352, 117(2), 351(2) and 103(1) of the Indian Penal Code. The applicant alleged that the allegations were false, that the case was originally filed under Section 109 but was later upgraded after the death of the informant's father, and that co‑accused Rohit and Mukesh had already been released on bail. The prosecution did not contest the factual contentions, and the post‑mortem report showed injuries to non‑vital parts, leading the Court to conclude that the case did not go beyond Section 105 IPC. The Court also noted the applicant's minor prior criminal record and the fact that he had been in custody for over four months. Considering the parity with co‑accused bail releases and the lack of serious injury, the Court held that bail was appropriate. Consequently, the bail application was allowed subject to standard conditions.
Issues considered
- Whether the nature of the offences alleged against the applicant, including Section 103(1) IPC, justifies denial of bail
- Whether the applicant's prior criminal history and prolonged pre‑trial detention affect the grant of bail
Legislation cited
- Indian Penal Code — s. 103(1), 105, 109, 115(2), 117(2), 131, 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- assault
- homicide
- pre‑trial detention
- post‑mortem report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2026
Mohit
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Rohit Kumar Singh, learned counsel for the applicant and Sri
Imran Khan, learned AGA, for the State.
2. The instant bail application has been filed on behalf of the applicant
with the prayer to release him on bail in Case Crime No.279 of 2026,
under Sections 191(2), 191(3), 190, 131, 115(2), 352, 117(2), 351(2) and
103(1) BNS, Police Station Baraut, District Baghpat, during pendency of
the trial.
3. Learned counsel for the applicant submits, however, applicant is named
in the FIR along with five others and according to the FIR due to dispute
applicant and other accused persons with their respective weapons made
assault upon the father of the informant due to which he sustained injuries
but entire allegations leveled against the applicant are totally false.
4. He further submits that initially FIR of the present case was lodged for
offence punishable under Section 109 BNS and other offences but after
death of the injured, i.e, father of the informant, case has been converted
for offence under Section 103(1) BNS.
5. He further argued that even after considering entire facts in detail co-
accused Rohit and Mukesh, who were also named in the FIR have been
released on bail by this Court vide orders dated 31.8.2026 and 10.8.2026
passed in Criminal Misc.Bail Applications No. 30287 of 2026 and 27681
of 2026 respectively and case of applicant is at par with them.
BAIL No. 32291 of 2026
2
6. He further submits, apart from the present case applicant is having
criminal history of one another case but that case relates to minor offence.
He further submits that in the present matter applicant is in jail since
05.05.2026, i.e., for the last more than four months.
7. Per contra, learned AGA although opposed the prayer for bail but he
could not dispute the argument on facts advanced by the learned counsel
for the applicant.
8. I have heard learned counsel for the parties and perused the record of
the case.
9. However, applicant is named in the FIR along with others and as per
FIR he and others caused injuries but from the post mortem report it
reflects, deceased sustained injuries on his non vital parts.
10. Further, considering the post mortem report of the deceased, this
Court finds merit in the argument advanced by learned counsel for
applicant that prima facie present case does not travel beyond Section 105
BNS.
11. Further, co-accused Rohit and Mukesh, who were also named in the
FIR, have been released on bail by this Court and the case of applicant is
at par with them.
12. Further, apart from the present case, applicant is having criminal
history of one another case but that case relates to minor offences.
13. Further, in the present matter applicant is in jail since 05.05.2026 i.e.
for the last more than four months.
14. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
15. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
16. Let the applicant-Mohit 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 the court concerned with the following conditions:-
BAIL No. 32291 of 2026
3
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
17. In case of breach of any of the above condition, the prosecution will
be at liberty to move an application before this Court for cancellation of
the bail of the applicant.
18. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Sameer Jain,J.)
September 18, 2026
SKM
Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad
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