Allahabad High Court
IRSHAD ALIAS MULLIversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Irshad alias Mulli, who was charged in Crime No. 130 of 2025 with offences including assault with a sharp‑edged weapon, among others. The applicant argued that although four accused were alleged to have assaulted the victims, the injured parties specifically identified him as the assailant, but the injuries were not life‑threatening and he had been in custody for ten months. The State opposed bail, emphasizing that two victims sustained incised wounds to vital parts of the body and that the applicant was specifically implicated. The Court examined the nature of the injuries, the specific allegation against the applicant, and the prolonged pendency of the trial, concluding that these factors did not preclude bail. Without expressing any view on the merits, the Court held that the case was suitable for bail and ordered release on a personal bond with conditions. The bail was granted subject to standard conditions to prevent witness tampering and ensure the applicant’s presence at trial dates.
Issues considered
- Whether the applicant is entitled to bail under Section 483 BNS despite being specifically alleged to have assaulted with a sharp‑edged weapon
- Whether the non‑life‑threatening nature of the injuries justifies granting bail
- Whether the prolonged pendency of the trial warrants bail
Legislation cited
- Arms Act — s. 4, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Indian Penal Code — s. 109, 118(1), 190, 191(2), 191(3), 333, 352
Subjects
- bail
- criminal procedure
- Section 483 BNS
- assault with sharp‑edged weapon
- non‑dangerous injuries
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33874 of 2025
Irshad Alias Mulli
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhishe Pandey, Praveen Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Abhishek Pandey and Sri Praveen Singh, learned counsel for the
applicant, Sri B.P. Singh, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 130 of 2025 under Sections 191(2), 191(3), 190, 109, 333,
118(1), 352, 351(2) BNS and 4/5 Arms Act registered at Police Station Jansath,
District Muzaffarnagar during pendency of the trial.
3. It has been argued by learned counsel for the applicant that four accused persons
have been assigned general role of assault by sharp-edged weapon on the first
informant and his father, however, the injured Rajesh Saini has assigned specific role
of assault by sharp-edged weapon to the applicant. It is further submitted that none of
the injuries of the injured Shivam and Rajesh Saini have been found to be dangerous
to life. It is further submitted that applicant is languishing in jail since 02.7.2025 and
he undertakes that he will not misuse the liberty, if granted. It has also been pointed
out that in the wake of heavy pendency of cases in the Court, there is no likelihood of
any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that two injured persons have received injury of two incised
wounds on their head and chest which are vital parts of the body and applicant has
been assigned the specific role of assault by sharp-edged weapon by the injured
persons.
5. As per allegations in the FIR, four accused persons are said to have assaulted
Rajesh Saini and Shivam by sharp-edged weapon, however, the injured Rajesh Saini
has assigned specific role of assault by sharp-edged weapon to the applicant. None of
the injuries of the injured Shivam and Rajesh Saini have been found to be dangerous
BAIL No. 33874 of 2025
2
to life and the applicant is languishing in jail for the last ten months.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Irshad Alias Mulli involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties
each in the like amount to the satisfaction of the Court concerned with the following
conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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