Allahabad High Court

GUDDU BIYARversusSTATE OF U.P.

Decided: 30 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail.

Summary

The High Court of Allahabad considered a bail application filed by Guddu Biyar in a criminal case (Crime No.127 of 2026) involving IPC sections 115(2), 352, 351(2), 309(4), 317(2) and 109. The applicant claimed innocence, alleging that the FIR contains general and omnibus allegations and that both parties sustained injuries, with no clear identification of the aggressor. The counsel highlighted that co‑accused had already been released on bail and that the applicant had no prior criminal record, having been in custody since 1 April 2026. The State opposed bail but could not refute the factual contentions. After weighing the nature of the allegations, the gravity of the offences, the period of detention and the applicant’s clean record, the court, without expressing an opinion on the merits, deemed the case fit for bail and ordered release on personal bond with conditions. The bail was granted subject to conditions against tampering with evidence, intimidation of witnesses, and committing similar offences.

Issues considered

Whether the applicant is entitled to bail despite the seriousness of the offences under sections 115(2), 352, 351(2), 309(4), 317(2) and 109 of the IPC.
Whether the injuries to parties and the lack of a clear aggressor preclude the grant of bail.
Whether the applicant’s lack of prior criminal history and the period of pre‑trial detention justify bail.

Legislation cited

Indian Penal Code — s. 109, 115, 309, 317, 351, 352

Subjects

bail
Indian Penal Code
section 115
section 352
section 351
section 309
section 317
section 109
criminal procedure
evidence tampering
witness intimidation
pre‑trial detention

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34125 of 2026

Guddu Biyar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Sudarshan Singh
Counsel for Opposite Party(s) : Abhishek Kumar Kushwaha,
Arvind Kumar Kushwaha,
G.A., Shweta Kesarwani

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant, learned A.G.A for
the State and perused the record.

2. The instant bail application has been filed seeking release of
the applicants on bail in Case Crime No.127 of 2026, under
Sections 115(2), 352, 351(2), 309(4), 317(2), 109 BNS, Police
Station Chandauli, District Chandauli.

3. Learned counsel for the applicant contended that the
applicant is innocent and has been falsely implicated in the
present case. It is further contended that general and omnibus
allegations have been levelled in the FIR. In the present case,
both sides have received injuries and there is a cross version of
the incident. From the side of the informant three persons,
namely, Chandan, Rakesh and Karan Saini received injuries on
their persons. The injuries of Rakesh and Karan are simple in
nature. However, injured Chandan sustained a fracture on his
head. It is not made clear as to who was the author of the head
injury. From the side of the applicant, co-accused Kanhaiya
Biyar sustained serious injuries on his person. As per his C.T.
Scan report, undisplaced fracture was noted on the left frontal
bone. It is yet to be decided by the trial court as to which party
was aggressor in the incident. It is next submitted that the co-
BAIL No. 34125 of 2026
2

accused Bablu Biyar and Baldau Biyar, have already been
granted bail by this Court vide order dated 18.08.2026. passed
in Criminal Misc. Bail Application No.20890 of 2026. The
applicant has no other criminal history. The charge-sheet has
been submitted in the matter.The applicant have been
languishing in jail since 01.04.2026 and in case, he is released
on bail, he will not misuse the liberty of bail and will cooperate
in trial. Learned counsel for the applicant has further submitted
that if the applicant is released on bail, the applicant would not
misuse liberty of bail and is ready to co-operate in the trial.

4. Learned A.G.A. opposed the prayer for bail but could not
dispute the aforesaid fact as argued by learned counsel for the
applicant.

5. Considering the submission of learned counsel for the
parties, facts of the case, nature of allegation and period of
custody, gravity of offence, without expressing any opinion on
the merits of the case, the Court is of the opinion that it is a fit
case for bail. Hence, the bail application is hereby allowed.

6. Let the applicant -Guddu Biyar involved in the aforesaid
case be released on bail on furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions:

(i). The applicant will not tamper with the evidence during the
trial.

(ii). The applicant will not pressurize/ intimidate the
prosecution witness.

(iii). The applicant will appear before the trial court on the date
fixed, unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the
offence of which he is accused, or suspected, of the
commission of which he is suspected.
BAIL No. 34125 of 2026
3

(v). 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.

7. In case of breach of any of the above conditions, the court
below shall be at liberty to cancel the bail.

October 1, 2026
S.K.

(Jai Prakash Tiwari,J.)

Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad

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