Allahabad High Court
SONU YADAVversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail and allowed the bail application without touching the merits of the case.
Summary
The High Court considered a bail application filed by Sonu Yadav, who was arrested in connection with an assault case (Crime No. 110 of 2026) involving multiple IPC offences. The applicant claimed false implication, noting that the FIR listed seven accused without assigning a specific role to him and that the medical report showed only minor injuries caused by a lathi danda. The State opposed bail. The court examined the nature of the injuries, the lack of a specific role for the applicant, and relevant Supreme Court precedents on bail. Concluding that the applicant was entitled to bail, the court granted it without addressing the merits of the case, subject to a personal bond and sureties. The order emphasized the applicant's cooperation for a speedy trial.
Issues considered
- Whether the accused, Sonu Yadav, is eligible for bail despite charges under Sections 190, 191(2), 191(3), 115(2), 352, 351(3), 118(1), 109(1) of the IPC.
- Whether the absence of a specific role for the accused and the nature of injuries justify granting bail.
- Whether the Supreme Court’s bail jurisprudence in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re is applicable.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(1), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- false implication
- assault
- lathi danda
- Indian Penal Code
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33831 of 2026
Sonu Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeja Srivastava, Rajan Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Ms. Neeja Srivastava, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Sonu Yadav to enlarge him on bail in Case Crime No. 110 of 2026, under
Sections 190, 191(2), 191(3), 115(2), 352, 351(3), 118(1), 109(1) of BNS,
P.S.- Jangipur, District- Ghazipur, 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 02.06.2026 lodged by
the father of injured with the allegation against seven named including the
accused applicant and some anonymous persons that there was an assault
on his son Arun while the accused applicant and other accused persons
were in coaching. It is further contended that medico legal injury report
shows five injuries on the persons of injured wherein x-ray advised for all
the injuries. The supplementary report shows no abnormality, which is
affirmed in NCCT head. The weapon used was lathi danda. No specific
role is assigned on the accused applicant. All the persons have been
assigned general role. The applicant has criminal history of one case
wherein he is on bail. The charge sheet is submitted. The accused
applicant is languishing in jail since 29.07.2026. 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
BAIL No. 33831 of 2026
2
learned counsel for the parties and perused the record.
6. Considering the nature and number of injuries and the corresponding
number of accused, no specific role is 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 23, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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