Allahabad High Court
RAJESH @ RAJUversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Considering the nature and number of injuries and the lack of a specific role for the accused, the court held that the accused is entitled to bail.
Summary
The accused Rajesh @ Raju was arrested in connection with FIR No. dated 10.08.2026 alleging assault on the informant's mother, resulting in seven injuries. The applicant contended that he was falsely implicated, had no specific role, no prior criminal record, and was cooperating with the investigation, having been in custody since 13.08.2026. The State opposed bail, citing the charges under Sections 333, 118(2), 115(2), 351(3) and 109(1) of the IPC. The Court examined the nature and number of injuries, the lack of a specific role for the accused, and relevant Supreme Court dicta on bail. Concluding that the circumstances did not warrant continued detention, the Court allowed the bail application, ordering release on personal bond and sureties. The accused was directed to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether the accused, Rajesh @ Raju, is entitled to bail despite charges under Sections 333, 118(2), 115(2), 351(3) and 109(1) of the IPC.
- Whether the nature of injuries and the alleged role of the accused justify continued detention.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(2), 333, 351(3)
Subjects
- bail
- false implication
- assault
- Indian Penal Code
- criminal procedure
- injury assessment
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33267 of 2026
Rajesh @ Raju
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jalaj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Jalaj 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-
Rajesh @ Raju to enlarge him on bail in Case Crime No. 391 of 2026,
under Sections 333, 118(2), 115(2), 351(3), 109(1) BNS, P.S.- Meerganj,
District- Bareilly, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in the FIR dated 10.08.2026 lodged
by Pappu Maurya, the informant with the allegation that four accused
persons including the accused/applicant have assaulted his mother, who
suffered seven injuries, which are fatal in nature. It was due to old enmity
as the both the parties are neighbours that the accused have assaulted. It is
further contended that there is no specific role assigned to the
accused/applicant. Seven injuries were shown in the medico legal report,
wherein the supplementary report shows that there is no abnormality
detected and all the injuries are simple in nature. The weapon used is lathi
and danda. The accused/applicant has no criminal history. The
investigation is continuing and he is cooperating with the
investigation. The accused applicant is languishing in jail since
13.08.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
BAIL No. 33267 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 the role attributed on
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
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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