Allahabad High Court
LUCKY SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that the accused is entitled to be released on bail.
Summary
Lucky Singh, the accused in Crime No. 267 of 2026, filed a bail application claiming he was falsely implicated in an assault case involving injuries to several persons. The FIR alleged that a group, including the accused, assaulted the informant and his relatives, but the medical report indicated only simple injuries and a gunshot wound assigned to another co‑accused. The applicant has two other cases pending where he is already on bail and has been in custody since 4 July 2026. The State opposed bail, but the Court considered the nature and number of injuries and the lack of a specific role for the applicant. Relying on Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail in re, the Court held that the applicant is entitled to bail, ordering his release on a personal bond and two sureties. The Court directed the applicant to cooperate with the judicial process for a speedy disposal of the case.
Issues considered
- Whether the accused, Lucky Singh, is entitled to bail despite the pending trial for offences under Sections 191(2), 115(2), 352, 109(1), 351(3) and 191(3) of the BNS.
- Whether the nature of injuries and the alleged role of the accused justify denial of bail.
Legislation cited
- BNS — s. 109(1), 115(2), 191(2), 191(3), 351(3), 352
Subjects
- bail
- false implication
- assault
- pending trial
- personal bond
- surety
- Supreme Court bail policy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33256 of 2026
Lucky Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vivek Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Sri Vivek Kumar Singh, learned counsel for applicant hands up
supplementary affidavit annexing additional documents in support of bail
application, is taken on record.
1A. Heard Sri Singh, learned counsel for accused applicant and learned
A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Lucky Singh to enlarge him on bail in Case Crime No. 267 of 2026,
under Sections 191(2), 115(2), 352, 109(1), 351(3), 191(3) of BNS, P.S.-
Kerakat, District- Jaunpur, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 29.06.2026 lodged by
one of the injured Vikas Rajbhar with the allegation that there was some
altercation between the injured informant and Dheeraj Yadav, later on
seven named including the accused applicant and two anonymous persons
had assaulted the informant. His father and uncle came to rescue him and
they have also been assaulted. It is further contended that four injuries
each were suffered by Vikas Rajbhar and Buddhiram Rajbhar. Three
injuries suffered by Sudhiram, one is a gunshot injury. All the injuries are
stated to be simple in nature in the medico legal examination report. The
gunshot injury is assigned to the co-accused Dheeraj. The accused
applicant has no specific role assigned in the present case. The charge
sheet is submitted. The applicant has criminal history of two cases
BAIL No. 33256 of 2026
2
wherein he is on bail. The accused applicant is languishing in jail since
04.07.2026. 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 nature and number of injuries and the role assigned to
the accused applicant, 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
Checking your session…