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Allahabad High Court

RAMCHANDAR AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The court held that, in view of the serious injuries to the victim, bail could not be granted to the accused.

Summary

The applicants, Ramchandar and another, were arrested in connection with crime No. 206 of 2025 under Sections 109, 115(2), 351(3) and 352 of the B.N.S. and have been in jail since 18 September 2025. They claimed innocence, alleging that the FIR was lodged more than 14 hours after the incident and that no incriminating material was recovered. The State opposed bail, highlighting the grievous injuries suffered by the victim, Pancham, including severe brain hemorrhage and multiple skull fractures. The court examined the seriousness of the injuries and the nature of the offences. Concluding that the gravity of the injuries warranted the applicant’s continued detention, the court rejected the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case involving grievous injuries under Sections 109, 115(2), 351(3) and 352 of the B.N.S.
  • Whether a delay of more than 14 hours in lodging the FIR is a ground for bail.
  • Whether the absence of incriminating material on the accused justifies bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 351(3), 352

Subjects

  • bail
  • grievous injury
  • FIR delay
  • Sections 109, 115(2), 351(3), 352
  • Allahabad High Court
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 39221 of 2025

Ramchandar And Another
                                                          .....Applicant(s)
                                  Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Alind Kumar, Deepak Verma, Jai
                                Singh, Kiran Rani, Laloo Yadav,
                                Shashi Ranjan Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 70
                    HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the applicant, learned AGA for the State and
perused the record.

2. By means of this application, the applicant who is involved in case
crime no. 206 of 2025, under Sections 109, 115(2), 351(3) and 352 of
B.N.S., P.S. Uruwa Bazar, District-Gorakhpur, 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 the First Information
Report was lodged after a delay of more than 14 hours, and therefore, a
false story has been concocted to falsely implicate the accused-applicant.
He also submitted that no incriminating article or material has been
recovered either from the applicant or on his pointing out. He lastly
submitted that the applicant, who is in jail since 18.9.2025 and has no
criminal antecedents to his discredit is entitled to be enlarged on bail
during pendency of the trial.

4. Per contra learned AGA opposed the prayer for bail and submitted that
grievous injuries have been caused to the injured Pancham. The details of
the injuries are at page nos. 52, which reads as under:-

"Brain - hemorrhagic central para clavicle conclusions with hematoma
is seen in left fronto parieto temporal lobe region bone marrow multiple
                                                                                        BAIL No. 39221 of 2025
                                                                 2


                                    fracture of left frontal parietal and temporal bones are seen with
                                    parietal cranio. "

                                    5. Having considered the nature of the injuries sustained by the injured
                                    Pancham, this Court is not inclined to enlarged the applicant on bail,
                                    accordingly, the bail application is rejected.


                                                                                          (Harvir Singh,J.)
                                    April 2, 2026
                                    Faridul




Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad


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