Allahabad High Court
RAVINDRAversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The Court held that bail could not be granted and rejected the application.
Summary
The applicant, Ravindra, filed a bail application in a criminal trial (Crime No. 474 of 2024) where he is charged under Sections 126(2), 109, 352 and 351(3) of the B.N.S. He claimed absolute innocence, alleging that the victim, Sanjay, was intoxicated and attacked by unidentified assailants, and that no incriminating material was found on him. The State, represented by the A.G.A., opposed bail, highlighting the FIR allegation that the applicant assaulted the victim with a broken bottle, causing grievous injuries as certified by a medical doctor. After hearing both sides, the Court found the seriousness of the alleged offence and the risk to the victim's life warranted denial of bail. Consequently, the bail application was rejected. The decision underscores the Court's discretion to refuse bail when the nature of the offence and evidence suggest a likelihood of the accused committing the alleged crime.
Issues considered
- Whether the applicant is entitled to bail during the trial despite the serious nature of the charges under Sections 126(2), 109, 352 and 351(3) of the B.N.S.
Legislation cited
- B.N.S. — s. 109, 126(2), 351(3), 352
Subjects
- bail
- criminal procedure
- grievous hurt
- presumption of innocence
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41030 of 2025
Ravindra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Tarun Jha
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. 474 of 2024, under Sections 126(2), 109, 352 and 351(3) of
B.N.S., P.S. Rath, District-Hamirpur, 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 victim, Sanjay,
had a habit of consuming alcohol and was inebriated state on the day of
the alleged incident and he had an altercation with some pedestrians who
were waiting for a vehicle, following which some unidentified assailants
attacked the alleged victim, causing injuries to him. He further submitted
that no incriminating article or material has been recovered either from
the applicant of on his pointing out. He lastly submitted that the
applicant, who is in jail since 25.10.2024 and has no criminal antecedents
to his discredit is entitled to be enlarged on bail during pendency of the
trial.
4. On the other hand, the learned A.G.A. has vehemently opposed the
prayer for bail and submitted that in the F.I.R. itself it is alleged that the
applicant-accused has assaulted the victim/injured person with a broken
bottle, as a result of which the alleged victim sustained grievous injuries,
BAIL No. 41030 of 2025
2
wherein the Doctor Hari Narayan Rajpoot has given a statement that the
injuries caused to the injured Sanjay are dangerous to life (Annexure-8)
and in view of the above, the applicant-accused is not entitled to be
released on bail.
5. After having heard the learned counsel for the applicant, learned
A.G.A. for the State and perused the record, this Court is not inclined to
enlarge the accused-applicant on bail during the trial, hence this 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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