Allahabad High Court
VISHNU SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
In the absence of a recovered weapon, prior criminal history, and with the charge sheet filed, the accused is entitled to be released on bail.
Summary
Vishnu Singh applied for bail in a criminal case (Crime No. 126 of 2026) involving charges under several IPC sections for allegedly assaulting the informant Bheem Singh and his son Anil with various weapons, resulting in serious head injuries. The prosecution argued that Singh had a specific role using a sharp-edged weapon and that the injuries were potentially fatal, seeking denial of bail. The defense highlighted the absence of any weapon recovered from Singh, his clean criminal record, and the filing of the charge sheet, contending these factors favor bail. The court, after reviewing submissions, noted the lack of incriminating weapon and Singh’s lack of prior convictions, and applied Supreme Court bail principles from Girish Gandhi and related jurisprudence. Consequently, the court granted bail on personal bond and sureties without addressing the merits of the case. Singh was directed to cooperate with the judicial process for speedy disposal.
Issues considered
- Whether bail should be granted to the accused despite serious assault charges and alleged fatal injuries.
- Whether the non-recovery of the alleged weapon and the accused's clean criminal record justify bail.
- How the Supreme Court's bail guidelines in Girish Gandhi v. State of Uttar Pradesh and related cases apply to the present matter.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 191(2), 351(3), 352
Subjects
- bail
- Indian Penal Code
- assault
- weapon
- criminal procedure
- property dispute
- Supreme Court precedent
- no prior conviction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34832 of 2026
Vishnu Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Behari Yadav
Counsel for Opposite Party(s) : G.A., Neeraj Singh
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Lal Behari Yadav, learned counsel for accused applicant, Sri
Neeraj Singh, learned counsel for the informant and learned A.G.A. for
State.
2. The present bail application has been moved by the applicant/ accused-
Vishnu Singh to enlarge him on bail in Case Crime No. 126 of 2026,
under Sections 191(2), 109(1), 115(2), 352, 117(2), 351(3) BNS, P.S.-
Khukhundu, District Deoria, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 02.06.2026 lodged by the
injured Bheem Singh against five named persons including the
accused/applicant and some anonymous persons with the allegation that
on 01.06.2026 at about 14:30 hrs accused persons with lathi, danda,
kulhari, farsa and daav had assaulted the informant and his son Anil. It is
further contended that the accused/applicant and informant are of same
family. There was dispute as to the partition of property, which led to the
implication of accused persons in the case. Further submits that specific
role has been assigned to the accused Vishnu Singh that he has inflicted
daav ( a sharp edged weapon ) consistently on the head of Anil Singh due
to which he suffered fracture on skull bone. It is the contention of learned
counsel that there is no recovery of any weapon from the
accused/applicant. The charge sheet is submitted. The applicant has no
criminal history. The accused applicant is languishing in jail since
BAIL No. 34832 of 2026
2
03.06.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail and submit that specific role with specific
weapon has been assigned to the accused applicant. There are four
injuries on the head of the injured Anil, which are fatal to life. The
applicant, with whom there was partition dispute as the motive of
committing the act. Hence seek that the bail application be rejected.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the injuries sustained by the injured and there is no
recovery of incriminating weapon from the accused/applicant, who has no
criminal history and charge sheet is submitted, 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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