Allahabad High Court
SANDEEPversusSTATE 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 applicant, Sandeep, was implicated in an FIR dated 4 May 2026 for an assault that resulted in six injuries, two of which were grievous, to the injured Dheeraj. The FIR alleges that co‑accused Ravi called Sandeep’s son, leading to a sudden fight in which Dheeraj used a lathi, danda and sariya; no gunshot injury or weapon recovery is reported and Sandeep’s specific role is not assigned. Sandeep, who is already on bail in four other criminal matters, has been in custody since 30 July 2026 and seeks enlargement of bail during the pendency of trial under sections 115(2), 117(2), 109(1), 352 and 351(3) of the BNS. The State opposed the bail, but the Court considered the nature and number of injuries, the suddenness of the altercation, Sandeep’s cooperation with the investigation, and relevant Supreme Court precedents. Finding no merit‑based impediment, the Court allowed the bail application, directing release on a personal bond and two sureties.
Issues considered
- Whether the accused Sandeep is entitled to bail despite the serious injuries caused in the alleged assault.
- Whether the nature of the alleged offences under sections 115(2), 117(2), 109(1), 352 and 351(3) of the BNS warrants denial of bail.
Legislation cited
- BNS — s. 109(1), 115(2), 117(2), 351(3), 352
Subjects
- bail
- criminal procedure
- sections 115, 117, 109, 352, 351
- assault
- injury
- pending trial
- co‑accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32585 of 2026
Sandeep
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Garun Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Garun Pal Singh, 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-
Sandeep to enlarge him on bail in Case Crime No. 104 of 2026, under
Sections 115(2), 117(2), 109(1), 352, 351(3) of BNS, P.S.- Mursan,
District- Hathras during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
accused applicant has been implicated belatedly in FIR dated 4.5.2026
lodged by the father of the injured with the allegation that on 3.5.2026 at
about 22:45 hours co-accused Ravi has called his son Dheeraj when his
bike was out of order. There was some altercation between co-accused
and injured Dheeraj, who had assaulted him with lathi, danda and sariya.
The injured suffered six injuries out of which, two injuries are grievous in
nature which are fracture of nasal bone and ulna bone. It is further
contended that there is no injuries of gun shot. There is no specific role
assigned to the accused applicant. No recovery of the weapons. The
investigation is continuing. He is co-operating in the investigation. The
applicant has four cases criminal history, in which, he is on bail. The
applicant is languishing in jail since 30.7.2026. He seeks enlargement of
accused on bail.
4. Learned A.G.A. has opposed the bail application.
BAIL No. 32585 of 2026
2
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 sudden fight
between the parties, 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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