Allahabad High Court
SHEKHARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Bail was granted because the allegations were omnibus and no specific role was assigned to the accused, consistent with Supreme Court bail jurisprudence.
Summary
The accused Shekhar applied for bail in a case (Crime No. 370 of 2026) involving offences under several IPC sections, including assault and grievous hurt. He argued that he was not named in the FIR and that the investigation only implicated him through a vague statement, with no specific role assigned. The informant and the State opposed bail, citing the seriousness of the injuries and the alleged attempt to throttle a victim. The court examined the submissions, noted the omnibus nature of the allegations, and, without addressing the merits, granted bail in line with Supreme Court precedents on bail policy. Shekhar was released on personal bond and sureties, with a direction to cooperate with the investigation.
Issues considered
- Whether bail can be granted when the accused is implicated only by an omnibus allegation without a specific role.
- Whether the seriousness of the alleged offences (grievous hurt, attempted murder) precludes bail.
- Whether the Supreme Court’s guidelines in Girish Gandhi v. State of Uttar Pradesh and related bail policy cases apply to this matter.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 190, 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- IPC sections
- grievous hurt
- property dispute
- omnibus allegation
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34666 of 2026
Shekhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Subedar Mishra
Counsel for Opposite Party(s) : G.A., Kapil Kumar, Sandhya Singh
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Supplementary affidavit has been filed explaining the criminal history,
the same is taken on record.
1A. Heard Sri Lal Chandra Mishra, learned advocate, holding the brief,
appeared for the accused-applicant, Sri Kapil Kumar, learned counsel for
the informant and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant-
Shekhar to enlarge him on bail in Case Crime No. 370 of 2026, under
Sections 109(1), 190, 191(2), 191(3), 115(2), 352, 351(3) BNS, P.S.-
Phase-2 Noida, District- Gautam Buddh Nagar, during the pendency of
trial.
3. It is contended by learned counsel for the accused-applicant that the
accused-applicant has not been named in the F.I.R. dated 23.08.2026
lodged at 21:45 hours for the incident occurred on the same day at 12:30
p.m. with the allegation that four named and 15-20 anonymous persons
had assaulted the informant and his family members, namely, Vikas,
Pradeep and Ankit along with the informant Shiv Ram. The injured
suffered grievous injuries. Further contended that the four persons have
been named in the F.I.R. They have been provided the specific role. The
weapon used in the assault is iron rod. It is further contended that during
investigation, name of the accused-applicant has been figured out from
the statement of injured Ankit, who has show the involvement of the
accused applicant but there is no specific role attributed on him. There is
BAIL No. 34666 of 2026
2
enmity between the parties pertaining to the property which led to the
taking of his name in the present case. There was a property dispute
between the parties, which led to the implication of the accused persons.
The investigation is continuing. He is cooperating in the investigation.
The applicant has one case criminal history, in which, he is on bail. The
applicant is in jail since 24.08.2026 and hence, the applicant seeks to be
released on bail.
4. Learned counsel for the informant and learned A.G.A. for State have
opposed the prayer for bail of the applicant and submitted that there are
four injured persons, who suffered grievous injuries on their person
including the fracture. The injuries are grievous in nature. One of the
accused have also tried to throttle the neck to kill. Hence, the applicant,
who is involved in the incident, may not be released on bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered the omnibus allegation against the accused and without
assigning any specific role.
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 29, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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