Allahabad High Court
SAHARUDDIN @ SAHARUversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail and allowed the bail application.
Summary
The accused, Saharuddin, applied for bail in a criminal case (Crime No. 188 of 2026) involving alleged assault with a sharp-edged weapon under Sections 115(2), 118(2), 109(1), 352 and 351(3) of the BNS. The FIR alleges a land‑dispute‑related attack on the informant and his family, resulting in simple injury to one victim and grievous but non‑fatal injuries to three others. The applicant has no prior criminal record and has been in custody since 12 August 2026, cooperating with the investigation. The State opposed bail, but the court, after considering the nature and number of injuries and the applicant’s cooperation, concluded that bail was appropriate. Accordingly, the court ordered release on personal bond and two sureties, citing Supreme Court precedents on bail policy.
Issues considered
- Whether the nature and seriousness of the offences under Sections 115, 118, 109, 352 and 351 of the BNS justify denial of bail.
- Whether the applicant’s lack of criminal history and cooperation with investigation warrant grant of bail.
Legislation cited
- BNS — s. 109(1), 115(2), 118(2), 351(3), 352
Subjects
- bail
- criminal procedure
- Uttar Pradesh
- Sections 115, 118, 109, 352, 351
- non‑fatal injuries
- land dispute
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32576 of 2026
Saharuddin @ Saharu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Mukul Yadav, learned counsel for accused applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Saharuddin @ Saharu to enlarge him on bail in Case Crime No. 188 of
2026, under Sections 115(2), 118(2), 109(1), 352, 351(3) of BNS, P.S.-
Kanth, District- Moradabad during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
accused applicant has been implicated in FIR dated 5.8.2026 lodged by
one of the injured informant with the allegation that four accused persons
including the accused applicant had assaulted the informant and his other
family members, namely, Saddam, Imtiyaz, Muskina by sharp edged
weapon. The allegation in the FIR is that there was a dispute between the
parties on the point of laying of road, which the accused were claiming to
be their. It is further contended that there was panchayat in the village.
The parties were not satisfied with the panchayat as such, it is alleged that
the accused persons had assaulted the injured wherein Muskina suffered
simple injuries whereas Saddam, Jahid and Imtiyaz suffered one grievous
injuries each, which are not fatal to life. It is further contended that in the
supplementary medical report of Saddam, there is no abnormality deduct
on the x-ray of right side scalp and accordingly Imtiyaz and Jahid also
suffered injuries, which are reported grievous in nature on the non-vital
part of their body. The investigation is continuing. The accused applicant
BAIL No. 32576 of 2026
2
is co-operating in the investigation. The omnibus role has been shown in
the FIR against all the accused persons. The applicant has no criminal
history. The applicant is languishing in jail since 12.8.2026. He seeks
enlargement of accused on bail.
4. Learned A.G.A. has 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 nature and number of injuries, the accused applicant is
entitled to be enlarged 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 14, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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