Allahabad High Court
ASRAF AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that, given the lack of specific involvement and the relatively minor injuries, the accused are entitled to be released on bail.
Summary
The High Court considered a bail application filed by accused Asraf and Israfil Ali in a case under several IPC sections for alleged assault on the husband of an informant and his relatives. The applicants argued they were falsely implicated, had no specific role in the assault, and possessed no prior criminal record, while the victims suffered only simple injuries except a fractured hand. The State opposed bail. After reviewing the submissions and the record, the Court noted the nature and number of injuries and the absence of a specific role for the applicants, concluding that they were entitled to bail. The Court granted bail without addressing the merits of the case, ordering the applicants to furnish a personal bond and two sureties each, and to cooperate with the judicial process. The decision referenced Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re.
Issues considered
- Whether the accused are entitled to bail despite the charges under IPC sections 109, 191, 115, 117, 351, 324, and 3.
- Whether the nature and severity of injuries sustained by the victims justify denial of bail.
- Whether the lack of a specific role and the applicants' clean criminal record warrant bail during trial.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 191(2), 191(3), 324(4), 3(5), 351(3)
Subjects
- bail
- Indian Penal Code
- assault
- criminal procedure
- Uttar Pradesh
- pending trial
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33376 of 2026
Asraf And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Singh, Dharm Jeet
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Dharam Jeet 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-
Asraf and Israfil Ali to enlarge him on bail in Case Crime No. 54 of
2026, under Sections 109(1), 191(2), 191(3), 115(2), 117(2),351(3),
324(4), 3(5) BNS, P.S.- Gadwar, District- Ballia, during the pendency of
trial.
3. It is the contention of learned counsel for applicant that the accused
applicants have been falsely implicated in the FIR dated 06.03.2026
lodged for the incident occurred on05.03.2026 that six named accused
including the accused/applicants have assaulted the husband of informant
and her relatives. It is alleged in the FIR that accused persons assaulted
Khursheed and Gudia with lathi and danda due to which Khursheed and
Gudia suffered injuries. It is further contended by the learned counsel that
no specific role assigned to the accused/applicants. Both the injured
suffered simple injury except one injury to Gudia, which is fracture of
right hand. The applicants and the informant are of same village. There is
old enmity between the parties. The charge sheet is submitted. The
accused/applicants have no criminal history. The co-accused Naushad
Ahmad and Irshad have already been enlarged on bail by the coordinate
Bench of this Court. The accused applicants are languishing in jail since
03.08.2026. They seek to be enlarged on bail.
BAIL No. 33376 of 2026
2
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
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 sustained by the injured
and no specific role assigned to 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/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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