Allahabad High Court
SATYAM SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail as the incident was a sudden quarrel and there is no evidence of habitual criminality.
Summary
The applicant Satyam Singh was arrested for alleged assault on a fellow student, resulting in multiple injuries to both parties. The FIR was lodged by the victim's brother, while no FIR was filed against the applicant. The applicant sought bail, arguing the incident was a sudden quarrel, he has no prior criminal record, and his family members have already been granted bail. The State opposed bail, citing the grievous injuries suffered by the victim. The Court, noting the mutual altercation, lack of habitual offending, and the applicant's cooperation with the investigation, allowed the bail application without addressing the merits of the case, directing the applicant to furnish a personal bond and sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 109(1), 115(2), 352 and 118(2) of the IPC pending trial.
- Whether the seriousness of the injuries to the victim justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(4)
- Indian Penal Code — s. 109(1), 115(2), 118(2), 352
Subjects
- bail
- assault
- Indian Penal Code
- Criminal Procedure Code
- sudden quarrel
- student
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34186 of 2026
Satyam Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Faizan Siddiqui, Mohit Singh
Counsel for Opposite Party(s) : G.A., Rajesh Kumar
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Mohit Singh, learned counsel for accused applicant, Sri
Rupesh Kumar, learned counsel holding brief appeared for the informant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Satyam Singh to enlarge him on bail in Case Crime No. 53 of 2026,
under Sections 109(1), 115(2), 352, 118(2) BNS, P.S.- Industrial Area,
District- Prayagraj, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 20.04.2026 lodged by
Varunendra Pratap Singh (the brother of injured/ Samendra Pratap Singh),
who has been assaulted by the accused/applicant and his father as well as
brother on 19.04.2026 and thereafter. It is alleged in the FIR that the
accused/applicant and injured are resident of same lodge and pursuing
their studies, the accused/applicant is B-Tech student whereas the injured
is B-Pharma student. There was some altercation between them, which
led to the assault and cross fight. There are 11 injuries suffered by the
injured and the accused/applicant has suffered 6 injuries. The FIR of
injured has been lodged but in cross the FIR of accused/applicant has not
been registered by the police. Learned counsel further submits that his
mother has moved an application under Section 173(4) BNSS, which was
later on converted to a complaint. It is the contention of learned counsel
that the accused/applicant is not habitual offender and it was merely
BAIL No. 34186 of 2026
2
because of sudden quarrel that both the parties had entered into free fight.
It is further contended that brother and father of the accused/applicant has
already been granted bail by this Court. The investigation is
continuing and he is cooperating with the investigation. The
accused/applicant has no criminal history. The accused applicant is
languishing in jail since 29.08.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail and submit that there is grievous injuries on
the person of injured, which are 11 as is shown in the medico legal
examination report. Further submits that the injured is a student and there
are grievous injuries on his person. Hence seeks that the bail application
be rejected.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the sudden quarrel between the parties, which led to the
cross fight between them, wherein both the parties have moved a criminal
proceedings against each other, 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.)
October 1, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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