Allahabad High Court
SHADABversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the compromise between the parties entitles the accused to be released on bail.
Summary
The accused Shadab was arrested for alleged assault with a knife under several IPC sections, including 109, 115(2), 352, 351(3), 191(2) and 118(1). He claimed that the informant and he belong to the same family and that a compromise had been reached, with the informant expressing no desire to continue the case. The State opposed bail, but the informant’s counsel conceded the compromise. The court, considering the compromise, the absence of any prior criminal record, and Supreme Court precedents on bail, allowed the bail application without addressing the merits of the case. Shadab was ordered to be released on personal bond and two sureties each, subject to the court’s satisfaction.
Issues considered
- Whether a compromise between the accused and the informant, who are family members, justifies granting bail despite the seriousness of the offences.
- Whether the nature of the charges under IPC sections 109, 115(2), 352, 351(3), 191(2) and 118(1) precludes bail.
- Whether the accused’s lack of prior criminal history and the pending trial affect the bail decision.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 118(1), 191(2), 351(3), 352
Subjects
- bail
- compromise
- IPC
- assault
- family dispute
- personal bond
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34680 of 2026
Shadab
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amish Yadav, Saurabh Tripathi,
Shantanu Srivastava
Counsel for Opposite Party(s) : G.A., Lal Bahadur Yadav
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Saurabh Tripathi, learned counsel for accused applicant, Sri
Lal Bahadur Yadav, learned counsel for the informant and learned A.G.A.
for State.
1A. Sri Tripathi, learned counsel for the applicant hands up the
supplementary affidavit annexing the compromise in support of bail
application, the same is taken on record.
2. The present bail application has been moved by the applicant/ accused-
Shadab to enlarge him on bail in Case Crime No. 117 of 2026, under
Sections 109, 115(2), 352, 351(3), 191(2),118(1) BNS, P.S.- Afzalgarh,
District- Bijnor, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant and informant are of same family. There was some altercation
between the parties, which led to the lodging of FIR against five accused
including the accused/applicant, wherein the allegation of assaulting
Adiba and Bilal with knife was attributed on the accused persons; as both
the parties are of same family, there is compromise between them,
wherein it is stated by the injured and informant that there was some
altercation between the parties, which led to lodging of FIR and he does
not want to continue with the case. The charge sheet is submitted. The
accused/applicant has no criminal history. He is languishing in jail since
29.05.2026. Hence, seeks to be enlarged on bail.
BAIL No. 34680 of 2026
2
4. Learned A.G.A. for State has opposed the prayer for bail.
4A. Learned counsel for the informant concedes the compromise.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the compromise between the parties, 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.)
September 29, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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