Allahabad High Court
RAVIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that the accused is entitled to be released on bail.
Summary
The accused Ravi applied for bail in a criminal case (Crime No. 112 of 2026) involving alleged assault and grievous injuries under IPC sections 109, 115(2), 352, 351(3) and 3(5) BNS. The FIR was lodged by Chandini Pal a day after the incident, accusing four persons of breaking into her house and assaulting her mother‑in‑law with a brick, causing a parietal bone fracture. Counsel for the applicant argued that the accusation was false, the act did not amount to attempted murder, the accused has no prior record and has been in custody since 21‑07‑2026. The State opposed bail but could not dispute the factual matrix. The Court, after considering the nature of the injuries, the number of accused and the applicant’s clean record, held that bail should be granted without addressing the merits of the case, directing release on personal bond and two sureties, citing recent Supreme Court dicta on bail policy.
Issues considered
- Whether bail should be granted to the accused in a pending trial for offences under sections 109, 115(2), 352, 351(3) and 3(5) BNS of the IPC.
- Whether the nature of the injuries and the number of accused justify bail.
- Whether the alleged false implication and the accused’s clean criminal record warrant bail.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 3(5), 351(3), 352
Subjects
- bail
- IPC sections
- false implication
- grievous hurt
- criminal procedure
- surety
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33326 of 2026
Ravi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Singh Tomar, Santosh Kumar
Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Kamal Singh, learned advocate, holding the brief, appeared
for the accused-applicant and learned A.G.A. for State.
1A. None appeared for the informant.
2. The present bail application has been moved by the applicant/ accused-
Ravi to enlarge him on bail in Case Crime No. 112 of 2026, under
Sections 109, 115(2), 352, 351(3), 3(5) BNS, P.S.- Kotwali Orai, District-
Jalaun, 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 04.03.2026 lodged
after a delay for the incident occurred on 03.03.2026 at about 19:00 hrs.
The informant-Chandini Pal has lodged the FIR against four named
persons including the accused/applicant with the allegation that the
accused persons have barged into the house of the informant and started
assaulting with kicks and fists. The applicant and opposite party are
neighbours. There is some dispute between them. It is the contention of
learned counsel that the allegation is of hitting the mother-in-law of
informant, namely, Sheela with a brick. The injured suffered three injuries
out of which one is fracture of parietal bone. It is the contention of
learned counsel that the act does not come within the purview of attempt
to murder. The investigation is continuing. The accused/applicant has no
criminal history. The accused applicant is languishing in jail since
BAIL No. 33326 of 2026
2
21.07.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State has opposed the prayer for bail, but could not
dispute the aforesaid facts.
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 of injuries and number of accused person and
the role assigned, 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
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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