Allahabad High Court

JAY SINGHversusSTATE OF U.P.

Decided: 4 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court granted bail to the applicant, Jay Singh, subject to a personal bond, sureties and prescribed conditions.

Summary

The High Court considered a bail application filed by Jay Singh, who was arrested on 29‑08‑2025 in connection with Crime No.130 of 2025 under IPC Sections 109 and 115(2) BNS. The applicant claimed false implication, stating he was only alleged to have assaulted an informant whose statement was not medically examined, and he had no prior criminal record. The State opposed bail, emphasizing that the FIR specifically named the applicant and that the injured victim suffered a grievous head injury. The court noted that the injured witness’s statement could not be obtained despite earlier directions, and the chargesheet had already been filed. After weighing the circumstances and without passing on the merits, the court ordered the applicant’s release on bail with a personal bond, two sureties, and standard conditions.

Issues considered

Whether bail can be granted when the injured witness’s statement is unavailable.
Whether the applicant’s alleged role in assaulting an informant justifies denial of bail.
Whether the applicant’s lack of criminal antecedents and claim of false implication affect the bail decision.

Legislation cited

Indian Penal Code — s. 109, 115(2)

Subjects

bail
false implication
FIR
witness statement
no antecedents
IPC Sections 109 and 115(2)
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41282 of 2025

Jay Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Anand Pati Tiwari, Pankaj Kumar
Ojha, Shiv Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant, 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.130 of 2025, under Sections 109,
115(2) BNS, Police Station Sahar, District Auraiya.

3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The applicant has not been assigned
the role of assaulting the injured but of the informant, who was not
medically examined. The applicant is in jail since 29.08.2025 having no
criminal antecedents.

4. Learned AGA has opposed the prayer for bail and has contended that
the applicant has been specifically named in the FIR. The injured had
received grievous head injury. The participation of the applicant has been
clearly mentioned in the FIR and no case for bail is made out.

5. I have considered the submissions made by the Learned counsels for
the parties.

6. This Court on 08.12.2025 had directed the Learned AGA to obtain the
statement of the injured. Last opportunity was granted to place the
statement of the injured on the record by the order dated 02.04.2026.
BAIL No. 41282 of 2025
2

7. Today, when the case has been called on, Learned AGA states that he
has been unable to obtain the statement of the injured witness. Earlier
instructions indicated that the injured was not in a position to speak. A
chargesheet has already been submitted.

8. Perusal of the material on record indicates that the injured during his
medico legal examination was found to have sustained a single injury on
his head, which was an incised wound. As per the FIR, the said injury has
been attributed to the co-accused Santosh and Ramesh. The applicant and
the co-accused Himanshi have been assigned the role of assaulting the
informant, however, the informant has not been medically examined. The
applicant has no criminal antecedents and is in jail since 29.08.2025.

9. Taking into consideration the entire facts and circumstances of the
case, without expressing any opinion on the merits of the case, I find it
appropriate to enlarge the applicant on bail.

10. The bail application is allowed.

11. Let the accused-applicant, Jay Singh, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.

12. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.

13. It is made clear that the applicant shall be released on the basis of
BAIL No. 41282 of 2025
3

computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

14. 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.

(Rajiv Lochan Shukla,J.)
May 5, 2026
A. Pandey

Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad

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