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Allahabad High Court

PREM CHANDRA ALIAS CHHOTU AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The bail application is allowed; the accused are entitled to be released on bail.

Summary

The accused Prem Chandra alias Chhotu and Gulsan Kumar alias Bulbul applied for bail in a criminal case (Crime No. 89 of 2026) under Sections 109(1), 351(3) and 352 of the BNS. They argued that the FIR dated 14 June 2026 was lodged belatedly for an incident that occurred on 13 June 2026 and that they were falsely implicated due to an old enmity, with only simple injuries proven. The State opposed the bail. The Court, noting the delay in filing the FIR, the nature of the injuries and the lack of prior criminal record, held that the applicants were entitled to bail without addressing the merits of the case. Accordingly, bail was granted on personal bond and two sureties each, following the Supreme Court’s guidelines in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail. The accused were directed to cooperate with the judicial process for a speedy disposal of the trial.

Issues considered

  • Whether the delay in lodging the FIR and the nature of injuries justify granting bail.
  • Whether the accused can be considered falsely implicated under the SC/ST Act context.
  • Whether the pending trial and charges under Sections 109(1), 351(3) and 352 of the BNS preclude bail.

Legislation cited

  • BNS — s. 109(1), 351(3), 352

Subjects

  • bail
  • false implication
  • delay in FIR
  • simple injuries
  • SC/ST Act
  • personal bond
  • sureties
  • Supreme Court bail guidelines

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34695 of 2026

Prem Chandra Alias Chhotu And Another
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                        :   Manoj Kumar
Counsel for Opposite Party(s)                   :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri Manoj Kumar, learned counsel for accused applicants and
learned A.G.A. for the State.

2. The present bail application has been moved by the accused applicants-
 Prem Chandra Alias Chhotu and Gulsan Kumar Alias Bulbul to
enlarge him on bail in Case Crime No. 89 of 2026, under Sections 109(1),
352, 351(3) of BNS, P.S.- Bahariyabad, District- Ghazipur during the
pendency of trial.

3. It is the contention of learned counsel for accused applicants that the
accused applicants have been falsely implicated in belated FIR dated
14.6.2026 lodged at 19:06 hrs for the incident dated 13.6.2026 lodged at
22:30 hrs lodged by the injured informant against three accused persons
including the accused applicant with the allegation that there was some
old enmity between the parties due to which the accused hurled abuses,
intercepted and assaulted him with lathi, danda and iron rod. It is further
contended that the injuries are simple in nature as no abnormality was
deducted in the supplementary medico legal examination report. The co-
accused Gulsan has also suffered injuries in the incident and he has
moved an application under Section 173(4) BNSS but the application was
rejected and the applicant had resorted to moving an appeal before the
High Court as the matter pertains to SC/ST Act. It is further contended
that the charge sheet has been submitted. The applicant has no criminal
history. The applicants are in jail since 22.6.2026. He seeks enlargement
                                                                                          BAIL No. 34695 of 2026
                                                                  2


                                    of accused on bail.

                                    4. Learned A.G.A. has opposed the bail application.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considering the nature and number of injuries and the apparent delay in
                                    lodging the FIR, the accused applicant is entitled to be enlarged 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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