Allahabad High Court
BUNTYversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail and allowed the bail application.
Summary
The accused Bunty applied for bail in a criminal case involving sections of the IPC and CrPC, alleging false implication in an FIR filed by the victim. He claimed the FIR and medico‑legal report were unduly delayed and that a civil dispute with the victim's father motivated the complaint. The victim’s statement under Section 183 CrPC indicated only assault, not rape, and the injuries were described as simple. The State opposed bail, but the court noted the unexplained delays, the nature of the injuries, and the pending civil dispute as factors favoring release. Relying on Supreme Court precedents, the court granted bail on personal bond and sureties without addressing the merits of the case.
Issues considered
- Whether the accused is entitled to bail despite the pending trial given alleged false implication and procedural delays
- Whether the nature of the alleged offences (assault) justifies bail
- How Supreme Court precedents on bail should be applied in this context
Legislation cited
- Code of Criminal Procedure, 1973 — s. 109(1), 183
- Indian Penal Code — s. 115(2), 127(2), 140(3), 351(2), 352
Subjects
- bail
- false implication
- civil dispute
- delay in FIR
- medico‑legal report
- assault
- IPC
- CrPC
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34898 of 2026
Bunty
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Yogesh Kumar Srivastava, learned counsel for accused
applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Bunty to enlarge him on bail in Case Crime No. 591 of 2026, under
Sections 115(2), 352, 351(2), 127(2), 140(3), 109(1) BNS, P.S.-
Shikohabad, District- Firozabad, 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 02.08.2026 lodged by
the victim herself with the allegation that on 01.08.2026 at about 8:30
a.m. that victim while going for stitching, has been surrounded by three
accused persons including the applicant, who had abducted and beaten
her. It is further contended that there is a civil dispute pending between
the accused applicant and father of the victim. The FIR is delayed without
any explanation. The medico legal examination report has been carried
out on 07.08.2026 without any explanation as to the delay in getting the
medico legal examination done. Further submits that in the statement
under Section 183 BNSS, it is specifically stated that there is no offence
of rape and it is only the assault, which has been made. It is further
contended that injuries are simple in nature. The applicant has criminal
history of one case wherein he is on bail. Charge sheet is submitted. The
accused applicant is languishing in jail since 20.08.2026. He seeks
enlargement of accused on bail.
BAIL No. 34898 of 2026
2
4. Learned A.G.A. for State 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 of injuries, the civil dispute pending between
the accused applicant and the father of victim and prima facie
unexplained delay of FIR and medico legal report 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
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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