Allahabad High Court
JAGATPALversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The applicant is entitled to be released on bail during the pendency of the trial.
Summary
Jagatpal, accused under sections 109(1), 115(2), 352 and 351(3) of the B.N.S. in a case registered at P.S. Sajeti, Kanpur Nagar, applied for bail during trial, claiming he is falsely implicated and that both parties sustained injuries, making it unclear who the aggressor is. The applicant’s counsel highlighted a medical opinion that the nature of the injuries could not be assessed because the wound was stitched, and emphasized the applicant’s clean record and custody since 10 July 2025. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the cross‑injury facts, the medical report, and the lack of a clear determination of guilt, decided that bail could be granted without expressing a view on the merits. The Court ordered release on personal bond with two sureties, subject to conditions of trial attendance, non‑tampering with witnesses, and refraining from illegal activity, and directed verification of sureties’ identity and residence.
Issues considered
- Whether bail should be granted in a case involving sections 109(1), 115(2), 352 and 351(3) of the B.N.S. where both parties have sustained injuries
- Whether the medical opinion that the injuries cannot be assessed affects the bail decision
- Whether the applicant poses a risk of tampering with witnesses or committing further offences
Legislation cited
- B.N.S. — s. 109(1), 115(2), 351(3), 352
Subjects
- bail
- cross‑injury case
- false implication
- criminal trial
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39068 of 2025
Jagatpal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar, Kuldeep Kumar Gupta,
Lakshman Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material on record.
2. By means of this application, the applicant who is involved in Case
Crime No. 239 of 2025, under Sections 109(1), 115(2), 352, 351(3) of
B.N.S., P.S. Sajeti, District-Kanpur Nagar, is seeking enlargement on bail
during the trial.
3. Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. He next submitted that there is also a cross
version of the incident. One person received injuries from the side of the
prosecution, while one person received injuries from the side of the
defense, which the prosecution has not been able to explain. It is apparent
and difficult to ascertain at this stage as to which party is the aggressor.
He further submitted that as per opinion of Doctor from Lala Lajpat Rai
Hospital, Kanpur Nagar, the nature of injuries cannot be assessed as
wound is stitched. He lastly submitted that the applicant, who is in jail
since 10.07.2025 and has no criminal antecedents to his discredit is
entitled to be enlarged on bail during pendency of the trial.
4. The prayer for bail has been vehemently opposed by learned A.G.A.
5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, submissions of learned counsel for
BAIL No. 39068 of 2025
2
the parties and considering that it is a cross case, in which both the sides
have sustained injuries; as per doctor's opinion from Lala Lajpat Rai
Hospita, Kanpur Nagar, the nature of injuries cannot be assessed as
wound is stitched; without expressing any opinion on the merits of the
case, this Court is of the view that the applicant is entitled to be enlarged
on bail during the pendency of the trial.
6. Let the applicant, Jagatpal be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
7. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
8. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
April 2, 2026
Faridul
Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad
Checking your session…