Allahabad High Court
PAWAN YADAVversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed; the accused is entitled to be released on bail upon furnishing a personal bond and two sureties.
Summary
The High Court considered a bail application filed by Pawan Yadav, who was arrested in connection with FIR No. 236 of 2026 alleging assault on two individuals, resulting in simple injuries to one and a fracture to the other. The applicant contended that he was falsely implicated, that the weapon recovered was found in an open space without independent witnesses, and that he had only one prior criminal case for which he was already on bail. The State opposed the bail, citing the seriousness of the offences under Sections 109(1), 115(2) and 351(3) of the BNS. After reviewing the submissions and the record, the Court held that, given the nature and number of injuries and the number of accused, the applicant was entitled to bail. The bail was granted on condition of a personal bond and two sureties, following the Supreme Court’s guidelines in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re, and the Court directed the applicant to cooperate with the judicial process.
Issues considered
- Whether bail should be granted to the accused under Sections 109(1), 115(2) and 351(3) of the BNS in view of the nature of injuries and the number of accused.
- Whether the alleged false implication and lack of independent witness affect the bail decision.
- Whether the applicant’s prior criminal history warrants denial of bail.
Legislation cited
- BNS — s. 109, 115, 351
Subjects
- bail
- criminal procedure
- Sections 109, 115, 351
- false implication
- injury
- surety
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33033 of 2026
Pawan Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aryan Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Supplementary affidavit has been filed explaining criminal history, the
same is taken on record.
1A. Heard Sri Aryan Srivastava, 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-
Pawan Yadav to enlarge him on bail in Case Crime No. 236 of 2026,
under Sections 109(1), 115(2), 351(3) of BNS, P.S.- Deogaon, District-
Azamgarh 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 23.6.2026 lodged by
Ramesh Rajbhar with the allegation against three named accused persons
including the accused applicant that on 22.6.2026 at about 19:00 hrs, they
had assaulted Sunil and Satish, both the sons of brother-in-law of the
informant. The assault was due to old enmity. Sunil suffered two injuries
and both are simple in nature. Satish suffered one injury, which is fracture
of left temproal bone. It is further contended that the accused applicant
has been falsely implicated. There is recovery of danda at the instance
of accused applicant, which was from the open space and there is no
independent witness. The charge sheet has been submitted. The applicant
has one case criminal history, wherein, he is on bail. The applicant is
languishing in jail since 10.7.2026. He seeks enlargement of accused on
bail.
BAIL No. 33033 of 2026
2
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 injury and number of accused,
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 30, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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