Allahabad High Court
SHITLA PRASAD SINGHversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The applicant, Shitla Prasad Singh, was arrested in connection with FIR No. 489 of 2025 alleging assault with a 'Balli' against six persons, including him, under Sections 109(1), 115(2), 191(2) and 352 of the B.N.S. He claimed he was falsely implicated due to a property dispute with the informant, who is his brother, and argued that five co‑accused had been exonerated while no specific role was assigned to him. The State opposed bail, but the court noted that the injury report showed only one injury, eye‑witnesses could not identify the assailant, and the applicant had no prior criminal record. Considering the weak evidential basis, the seriousness of the offence, and the risk factors, the court concluded that bail could be granted without prejudice to the trial. The applicant was ordered to be released on personal bond with two sureties, subject to conditions of attending trial, not tampering with witnesses, and refraining from illegal activity. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused in an assault case where evidence does not specifically identify the accused
- Whether the applicant's lack of prior criminal record and the exoneration of co‑accused justify bail
- Whether the risk of witness tampering or further offences warrants denial of bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 191(2), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- witness tampering
- property dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3451 of 2026
Shitla Prasad Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Swati Agrawal Srivastava
Counsel for Opposite Party(s) : Anoop Kumar Dubey, Shivaji Singh,
Vijendra Kumar Mishra, G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit filed on behalf of applicant is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the
informant, learned A.G.A. for the State and perused the material on
record.
3. By means of this application, the applicant who is involved in Case
Crime No. 489 of 2025, under Sections 109(1), 115(2), 191(2) and 352 of
B.N.S., P.S. Chunar, District-Mirzapur, is seeking enlargement on bail
during the trial.
4. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that in the first
information report general allegation of physical assault with 'Balli' has
been made against six persons, including applicant. No specific role has
been assigned to the applicant. He further submitted that the informant
and the applicant are real brothers and there is a property dispute between
them and for this very reason, the applicant's side had previously lodged
FIRs against the complainant's side on two separate occasions, and as a
counterblast to the same, the present FIR has been registered based on
false and baseless allegations. He also submitted that five accused
persons have been exonerated by the police during investigation and
chargesheet has been filed only against the present accused. He lastly
submitted that the applicant, who is in jail since 15.10.2025 and has no
BAIL No. 3451 of 2026
2
criminal antecedents to his discredit is entitled to be enlarged on bail
during pendency of the trial.
5. Learned counsel appearing on behalf of applicant, as well as learned
A.G.A. have vehemently opposed the prayer for bail.
6. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, submissions of learned counsel for
the parties; this Court has also taken note of the fact that although in the
first information report it was alleged that six persons, including
applicant-accused had assaulted the injured with 'Balli', however, his
injury report shows only one injury. Even during investigation the eye
witnesses could not specify in their evidence as to who has caused injury
to the injured; considering the injury report; five accused persons have
been exonerated during trial; applicant has no criminal history and
without expressing any opinion on the merits of the case, this Court is of
the view that the applicant is entitled to be enlarged on bail during the
pendency of the trial.
7. Let the applicant, Shitla Prasad Singh be released on bail in the
aforesaid case on his executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the court concerned
subject to the following conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
April 10, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
Checking your session…