Allahabad High Court
MUKESH KUMAR AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court granted bail to the accused applicants, finding no specific role attributed to them and noting the mutual accusations.
Summary
The accused Mukesh Kumar, Edal Singh (alias Yashveer Singh) and Arvind Singh applied for bail in a criminal case (Crime No. 214 of 2025) involving alleged assault with an axe and resulting injuries. They contended that the FIR dated 19 July 2025 was false, arising from a family dispute over garbage dumping, and that the injured parties had also lodged FIRs against the accused, indicating mutual accusations. The State opposed the bail, but the court noted that both sides suffered injuries and no specific role was attributed to the applicants. Considering the cross‑versions and lack of a clear culpable role, the court held that the applicants were entitled to bail. Consequently, the bail application was allowed, subject to a personal bond and two sureties per applicant, following Supreme Court guidelines in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail.
Issues considered
- Whether the accused are entitled to bail despite pending trial for offences under Sections 191, 190, 115, 352, 351, 109, 110 and 117 of the IPC.
- Whether the existence of reciprocal FIRs and lack of specific incriminating role justify granting bail.
Legislation cited
- Indian Penal Code — s. 109(1), 110, 115(2), 117(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- false implication
- cross‑accusation
- Indian Penal Code
- personal bond
- sureties
- Uttar Pradesh
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33329 of 2026
Mukesh Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuraj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Raghuraj Singh, learned counsel for accused applicants and
learned A.G.A. for State.
2. The present bail application has been moved by the applicants accused-
Mukesh Kumar, Edal Singh @ Yashveer Singh & Arvind Singh to
enlarge them on bail in Case Crime No. 214 of 2025, under Sections
191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 110, 117(2) BNS, P.S.-
Bharthana, District- Etawah, during the pendency of trial.
3. It is the contention of learned counsel for applicants that the accused
applicants have been falsely implicated in FIR dated 19.07.2025 lodged
by the informant with the allegation that the accused persons, who are
thirteen in number pertaining to one family had assaulted the informant
and his family members with Kulhadi (axe) and kicks and fists wherein
seven persons suffered injuries, out of them two persons namely Rajendra
and informant Raguwar Singh suffered grievous injuries. Rajendra
suffered fracture of parietal bone, whereas Raghuwar Singh suffered
fracture on parietal and ulna bone. It is the contention of learned counsel
that both the parties are of same family and there was altercation between
them and FIR has already been lodged against the injured by co-accused
Mahesh Chandra wherein six persons have been named in the FIR for
assaulting two persons from the side of accused, who suffered injuries.
There was an altercation between the parties on the point of dumping of
garbage in the land. The applicants have no criminal history. The
BAIL No. 33329 of 2026
2
supplementary charge sheet has already been filed. The accused
applicants are languishing in jail since 17.08.2025. 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 cross fight and cross version of the case wherein both
sides suffered injuries and FIR has been lodged against each other and
there is no specific role attributed on the accused applicants, the
accused/applicants are entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicants 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-applicants 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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