Allahabad High Court
VISHAL GIRIversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Vishal Giri, who is charged under Section 105 of the Indian Penal Code and Sections 4 and 25 of the Arms Act for allegedly stabbing a deceased person during a quarrel. The applicant asserted that the incident was a sudden fight, that he acted in self‑defence, and that the deceased was a notorious criminal; two independent witnesses corroborated the self‑defence claim. The State opposed bail, contending that the 18 stab wounds indicated premeditation and seriousness of the offence. Weighing the applicant’s clean record, the claim of self‑defence, the problem of overcrowded prisons, and Supreme Court guidelines on bail (Kapil Wadhawan and Maya Tiwari), the Court granted bail without expressing an opinion on the merits. The order required a personal bond, two sureties, and conditions prohibiting witness tampering, ensuring cooperation with trial, and mandating a speedy trial within one year.
Issues considered
- Whether bail should be granted to an accused charged under Section 105 IPC and Sections 4/25 of the Arms Act on the basis of a self‑defence claim and lack of prior criminal record
- Whether the seriousness of the injuries (18 stab wounds) precludes the grant of bail
- Whether Supreme Court precedents on bail and the concern of overcrowded prisons warrant bail in this case
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Indian Penal Code — s. 105
Subjects
- bail
- self-defence
- Section 105 IPC
- Arms Act
- overcrowded prisons
- Supreme Court precedent
- sureties
- trial expeditious
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39780 of 2025
Vishal Giri
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh, Dr. Vishnu Pandey, Piyush
Dwivedi, Tej Bahadur Saroj
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Vishnu Pandey and Sri Piyush Dwivedi, learned counsel for
the applicant and Sri J.P. Singh, learned A.G.A. for the State and perused
the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 283 of 2025, under Sections 105
BNS and Section 4/25 Arms Act, Police Station Adalhat, District
Mirzapur, during the pendency of the trial.
3. It is contended by the learned counsel for the applicant that the
applicant has been falsely implicated in the present case. It is further
submitted that the alleged incident took place at the spur of the moment in
a sudden fight and there is no pre-meditation and he is facing trial for the
offence under Section 105 BNS and during investigation two independent
witnesses Bachche Lal and Rakesh have stated that the applicant acted in
his self-defence and the deceased was a dreaded criminal having long
criminal history. It is also submitted that the applicant has been
languishing in jail since 4.9.2025 and he is having no criminal history. It
is lastly submitted that in case the applicant is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts and it is submitted that the
deceased received 18 injuries of stab wound and if the applicant acted in
BAIL No. 39780 of 2025
2
his self-defence, then large number of injuries could not have been
caused.
5. As per the allegation in the FIR, a quarrel took place between the
applicant and the deceased and thereafter the applicant assaulted the
deceased with a sharp edged weapon and as per post-mortem report of the
deceased, 18 injuries of stab wound have been found on the person of the
deceased. During investigation two independent witnesses Bachche Lal
and Rakesh have stated that a fight took place between the applicant and
the deceased and when the applicant fell weak, he took a knife from his
shop and assaulted the deceased several times. It is submitted that the
deceased was a dreaded criminal having long criminal history. The
applicant has been languishing in jail since 4.9.2025 and he is having no
criminal history.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Vishal Giri involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the court concerned, with the
following conditions:-
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
BAIL No. 39780 of 2025
3
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
13. However, the learned trial Court is directed to expedite the trial of the
case as expeditiously as possible, preferably within a period of one year.
(Jitendra Kumar Sinha,J.)
September 8, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
Checking your session…