Allahabad High Court
MANISHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that because the applicant’s participation was limited to exhortation and the injury was caused by a co‑accused, he is entitled to be released on bail.
Summary
Manish applied for bail in a criminal case (Crime No. 538 of 2026) involving alleged firing under Sections 109(1), 351(3) and 3(5) of the Indian Penal Code. The FIR, lodged on 2 June 2026, alleged that Manish and five others surrounded the victim and his friend over a money dispute, with the victim sustaining a single gunshot wound. The prosecution’s evidence indicated that the actual shot was fired by co‑accused Varun, while Manish’s role was limited to exhortation. The court considered the limited nature of Manish’s participation, his prior bail history, and the Supreme Court’s recent bail jurisprudence. Concluding that the injury was attributable to another accused, the court granted bail on personal bond and sureties, without addressing the merits of the case.
Issues considered
- Whether the accused Manish is eligible for bail despite being charged under Sections 109(1), 351(3) and 3(5) of the IPC.
- Whether the accused’s role of exhortation, with the actual injury caused by a co‑accused, warrants bail.
- How the Supreme Court precedents Girish Gandhi v. State of Uttar Pradesh (2024) and Policy Strategy for Grant of Bail in Re (2024) apply to the bail determination.
Legislation cited
- Indian Penal Code — s. 109, 3, 351
Subjects
- bail
- Indian Penal Code
- exhortation
- co‑accused liability
- Supreme Court precedent
- Uttar Pradesh
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34829 of 2026
Manish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Surendra Narayan Mishra, learned counsel for accused
applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Manish to enlarge him on bail in Case Crime No. 538 of 2026, under
Sections 109(1), 351(3), 3(5) BNS, P.S.- Majhola, District- Moradabad,
during the pendency of trial.
3. It is the contention of learned counsel for applicant that the FIR has
been lodged on 02.06.2026 by the father of injured with the allegation
against six named persons including the accused/applicant that on
01.06.2026 at 20:40 hrs., the accused persons have surrounded his son
and his friend Aryan Chaudhary with whom they were having some
money related dispute. The applicant has been shown the role that he
along with other co-accused had surrounded the injured and open fired on
him. It is contended by learned counsel that initially general role is
assigned to all the accused/applicant for firing. Later on, in the statement
of injured Vivek Kumar there is specific role on co-accused Varun that he
has open fired on Vivek Kumar on exhortation of other accused persons.
The injured Vivek Kumar suffered one gun shot injury. The applicant has
criminal history of three cases wherein all the cases he is on bail. The
charge sheet is submitted. The accused applicant is languishing in jail
since 05.06.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
BAIL No. 34829 of 2026
2
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the role of exhortation assigned to the accused/applicant,
wherein there is single shot and single injury suffered by the injured,
which is attributed to co-accused, 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 30, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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