Allahabad High Court
SOHIT SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused are entitled to bail and allowed the bail application.
Summary
The accused, Sohit Singh, applied for bail in a criminal case (Crime No. 194 of 2026) involving alleged assault under Sections 109, 352 and 351(3) of the IPC. He claimed false implication, stating the FIR was lodged belatedly and that the assault was attributed to him only later, while he has no prior criminal record. The State opposed the bail. The court examined the nature and number of injuries, the alleged role of the accused, and the Supreme Court precedents on bail. Finding that the injuries and the accused's role did not preclude bail, the court granted bail without addressing the merits of the case. The bail was conditioned on a personal bond and two sureties per accused, with a direction to cooperate with the judicial process.
Issues considered
- Whether bail should be granted to the accused under Sections 109, 352 and 351(3) of the IPC given the nature of injuries and alleged participation.
- Whether the claim of false implication and the absence of prior criminal history justify bail.
- How the Supreme Court decisions in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re influence the bail grant.
Legislation cited
- Indian Penal Code — s. 109, 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- IPC sections 109, 352, 351(3)
- false implication
- surety
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34811 of 2026
Sohit Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Vyas, Saurabh Chaturvedi,
Shubham Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Saurabh Chaturvedi, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/accused-
Sohit Singh to enlarge them on bail in Case Crime No. 194 of 2026,
under Sections 109, 352, 351(3) BNS, P.S.- Girwan, District- Banda,
during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 11.06.2026 lodged
belatedly for the incident dated 09.06.2026 occurred at 22:00 hours with
the allegation leveled by the informant that his brother Shivhad went to
the shop of Aniket to purchase a water bottle, where the applicant has
asked for match box. On this issue, there was an assault on the brother of
informant, who suffered eight injuries, out of which one is grievous in
nature i.e. fracture of nasal bone. It is further contended that specific role
of assault by lathi is attributed on the accused/applicant, which was later
on made general role of assault in the statement of injured. All the persons
are of same village. The accused applicant has no criminal history.
Charge sheet is submitted. The accused applicants are languishing in jail
since 07.08.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
BAIL No. 34811 of 2026
2
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 role attributed on
accused applicants, the accused/applicants are entitled to be released on
bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicants 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-applicants shall cooperate injudicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 30, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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