Allahabad High Court
RAKAM SINGH @ RUKMESHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court allowed the bail application, granting bail to the accused.
Summary
The accused Rakam Singh applied for bail in a case (Crime No. 83 of 2026) involving alleged offences under Sections 191(2), 191(3), 352, 115(2), 109(1), 126(2) and 3(5) of the BNS. The FIR alleged that the complainant was attacked and fired upon while returning from an exam, but the accused’s specific role was not detailed and no injury was reported. The applicant has six prior criminal cases, two of which have final reports and four are on bail, and has been in custody since 7 August 2026. The State opposed bail, but the court, after considering the submissions and the fact that the case involved no injury and the accused’s role was unclear, granted bail without addressing the merits. The court ordered release on personal bond with two sureties, citing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in re.
Issues considered
- Whether bail should be granted to the accused given the nature of the alleged offences and the fact that no injury was caused.
- Whether the accused’s criminal history warrants denial of bail.
Legislation cited
- BNS — s. 109(1), 115(2), 126(2), 191(2), 191(3), 3(5), 352
Subjects
- bail
- criminal procedure
- no injury case
- Uttar Pradesh
- Sections 191, 352, 115, 109, 126, 3
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33963 of 2026
Rakam Singh @ Rukmesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ardhendu Shekhar Sharma, Ram Babu
Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Ardhendu Shekhar Sharma, learned counsel for accused
applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Rakam Singh @ Rukmesh to enlarge him on bail in Case Crime No. 83
of 2026, under Sections 191(2), 191(3), 352, 115(2), 109(1), 126(2), 3(5)
of BNS, P.S.- Baleni, District- Bagpat during the pendency of trial.
3. It is the contention of learned counsel for accused applicant that the
accused applicant has been implicated in this case during the investigation
carried out in FIR dated 4.7.2026 lodged by Saurabh Yadav against
anonymous persons with the allegation that on 3.7.2026 he was returning
along with his wife after UPTET Examination in his car when he blew
horn for side, the car at front halted and persons started abusing and also
opened fire. It is further contended that there is no specific role attributed
on the accused applicant, who was shown as one of the accused on the
place of incident and there is no overt act attributed on him. Its a no injury
case. The charge sheet has been submitted. The applicant has six cases
criminal history, wherein, two case, final report has been submitted and in
four cases, he is on bail. The applicant is languishing in jail since
7.8.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. has opposed the bail application.
BAIL No. 33963 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the role of the accused applicant and its a no injury
case, the accused applicant is entitled to be enlarged 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 30, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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