Allahabad High Court

SHAILESH SINGH @ SHAILU SENGARversusSTATE OF U.P.

Decided: 22 September 2026
Bench: AVNISH SAXENA

Holding

The Court granted bail to the accused applicant.

Summary

The accused Shailesh Singh applied for bail in a case (Crime No. 185 of 2026) involving alleged assault with a kulhari, iron rod and a country‑made pistol, resulting in six injuries, one of which was grievous. The FIR was lodged two years after the incident, and the applicant claimed political motivation and false implication, noting changes in the version of events. The State opposed bail but did not dispute the factual allegations. The Court considered the delayed FIR, the nature of injuries, and the applicant’s criminal history, and, without addressing the merits, granted bail on personal bond and sureties, citing Supreme Court precedents on bail policy. The applicant was ordered to cooperate with the judicial process for a speedy disposal of the trial.

Issues considered

Whether bail should be granted despite the seriousness of the alleged offences under IPC sections 109, 115(2), 351(3) and 352.
Whether the delay in filing the FIR and the alleged change in the version of events justify granting bail.
Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Indian Penal Code — s. 109, 115(2), 351(3), 352

Subjects

bail
delayed FIR
false implication
IPC sections 109, 115(2), 351(3), 352
serious injuries
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33869 of 2026

Shailesh Singh @ Shailu Sengar
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Kunwar Bhaskar Parihar, Satya Dheer
Singh Jadaun
Counsel for Opposite Party(s) : G.A.

Court No. - 69
HON'BLE AVNISH SAXENA, J.

1. Heard Sri Satya Dheer Singh Jadaun & Sri Kunwar Bhaskar Parihar,
learned counsel for the accused-applicant and learned A.G.A. for the
State.

2. The present bail application has been moved by the accused-applicant
Shailesh Singh @ Shailu Sengar to enlarge him on bail in Case Crime
No. 185 of 2026, under Sections 109, 115(2), 351(3), 352 BNS, P.S.-
Bakewar, District- Etawah, during the pendency of trial.

3. It is contended by learned counsel for the accused-applicant that the
delayed F.I.R. has been lodged by Ashit Singh, the son of injured on
30.06.2026 for the incident dated 28.06.2024 against four persons
including the accused-applicant that they have assaulted the injured with
kulhari, iron rod and country made pistol. It is due to village party
politics, the accused persons have been falsely implicated. Further
contended that there is continuous change in the version of the incident.
Further contended that the medico-legal injury report shows six injuries
on the person of injured, out of which, five injuries were shown simple in
nature in medico legal and supplementary medico-legal report, wherein
injury no.6 is grievous as there is fracture of 4th, 5th and 6th rib of the left
side of chest. Further contended that the injuries have not been inflicted
by the accused-applicant and the delay in lodging the F.I.R. shows false
implication. The applicant has three cases criminal history and in all the
cases, he is on bail. The charge sheet is submitted. The applicant is in jail
BAIL No. 33869 of 2026
2

since 24.07.2026 and hence, the applicant seeks to be released on bail.

4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, 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. Considered the number and nature of injuries sustained by the accused-
applicant and apparent delay in F.I.R. as well as the change of the version
of the incident.

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
Shivangi

Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad

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