Allahabad High Court
SURENDRA SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court allowed the bail application, ordering the accused’s release on personal bond and sureties.
Summary
Surendra Singh applied for bail in a criminal case (Crime No. 98 of 2026) involving alleged assault under Sections 109, 115(2), 117(2) and 352 of the BNS. The FIR, lodged two days after the incident, alleged that the accused assaulted the informant's wife with weapons, causing multiple grievous injuries, while a related family member's injuries were not reported in an FIR. The applicant has a prior criminal history of four cases, three of which are on bail, and has been in custody since 23 July 2026. The State opposed bail, but the court, noting the family dispute, cross‑fight, and the applicant’s cooperation with the investigation, granted bail without addressing the merits of the case. The bail was ordered on personal bond and two sureties, following Supreme Court precedents on bail policy.
Issues considered
- Whether bail should be granted to the accused under Sections 109, 115(2), 117(2) and 352 of the BNS despite the seriousness of the alleged offences and his criminal history.
- Whether the delay in filing the FIR and the existence of a family/property dispute affect the bail decision.
- Whether the applicant’s cooperation with the investigation warrants bail.
Legislation cited
- BNS — s. 109, 115, 117, 173, 352
Subjects
- bail
- criminal procedure
- assault
- property dispute
- family cross‑fight
- delay in FIR
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32370 of 2026
Surendra Singh
.....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 Sunil Kumar Gaud, learned counsel holding brief for applicant
hands up supplementary affidavit explaining the criminal history, is taken
on record.
1A. Heard Sri Gaud, learned counsel holding brief for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Surendra Singh to enlarge him on bail in Case Crime No. 98 of 2026,
under Sections 109, 115(2), 117(2), 352 of BNS, P.S.- Bakewar, District-
Etawah, during the pendency of trial.
3. It is the contention of learned counsel for applicant that FIR has been
lodged by the informant against four accused persons including the
accused applicant on 14.04.2026 for the incident of 12.04.2026 occurred
at 14:00 hours. There is no explanation for the delay in FIR. It is alleged
in the FIR that the accused person had assaulted the wife of informant
namely Meera Devi with lathi, danda, Sariya, Kanta. There are thirteen
injuries suffered by her including fracture of first metacarpal bone and
patella bone as such in supplementary medical report four injuries were
shown as grievous in nature. It is the contention of learned counsel that
both the sides are of same family and there is property dispute between
them and cross fight between the parties, wherein Anshika from the side
of accused suffered eight injuries. Her FIR has not been lodged. She has
moved an application under Section 173(4) BNSS, which was rejected.
BAIL No. 32370 of 2026
2
The injury report is at Page 41. The applicant has role attributed of
opening fire. There is no firearm injury. The applicant has criminal
history of four cases wherein three cases he is on bail and in one case,
final report is submitted. Investigation is continuing and applicant is co-
operating in the investigation. The accused applicant is languishing in jail
since 23.07.2026. He seeks enlargement of accused on bail.
4. 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 FIR, 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/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].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 18, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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