Allahabad High Court

KRISHNA BHATIversusSTATE OF U.P.

Decided: 9 April 2026
Bench: HARVIR SINGH

Holding

The court denied bail, holding that the seriousness of the injuries and the nature of the offences preclude enlargement of bail.

Summary

The High Court of Judicature at Allahabad considered a bail application filed by Krishna Bhati, who is accused in crime no. 507 of 2025 under Sections 109(1), 131, 352 and 351(2) of the B.N.S. for alleged assault with intent to kill. Bhati’s counsel argued that he is innocent, that no incriminating material was recovered, and that the injuries to the victim are not serious, seeking enlargement of bail during trial. The State’s Additional Government Advocate countered that the victim, Rahul Tyagi, suffered multiple grievous injuries and fractures, as detailed in the case diary. The court examined the medical report and the nature of the injuries, finding them to be serious and indicative of a violent assault. Consequently, the court held that the seriousness of the offences and the extent of injuries warranted denial of bail. The bail application was therefore rejected, and the applicant remains in custody pending trial.

Issues considered

Whether bail should be granted to the accused in a case involving alleged assault with intent to kill and grievous injuries under Sections 109(1), 131, 352 and 351(2) of the B.N.S.

Legislation cited

B.N.S. — s. 109(1), 131, 351(2), 352

Subjects

bail
assault
grievous injuries
Section 109(1)
Section 131
Section 352
Section 351(2)
high court
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4179 of 2026

Krishna Bhati
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Awadhesh Kumar Mishra
Counsel for Opposite Party(s) : G.A., Ram Raj Pandey, Shubham
Pandey

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

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

2. By means of this application, the applicant who is involved in case
crime no. 507 of 2025, under Sections 109(1), 131, 352 and 351(2) of
B.N.S., P.S. Loni, District-Ghaziabad, 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 in the first
information report general allegation of physical assault with lathi-danda,
iron rod and sharp edged weapons with intention to kill has been made
against three persons, including applicant. He further submitted that no
incriminating article or material has been recovered either from the
applicant or on his pointing out. He also submitted that as per Doctor's
opinion all the injuries (14 in numbers), expect injury no. 2 is slightly
serious. He further submitted that there is criminal history of four cases
against the applicant, which has been properly explained in paragraph 26
of the bail application. He lastly submitted that the applicant is in jail
since 18.11.2025, hence he 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 Rahul Tyagi. The
BAIL No. 4179 of 2026
2

details of the injuries are at page nos. 29 to 30, which reads as under:-
"1. Abraded swelling 3x3 cm Lt. side forehead just above eyebrow.
2. IW 3x1 cm Lt. side forehead just away febulla X/V
3. Multiple R. Contusion, present on back in the area of 5x4 cm (5) in
numbers, longest 27x2.5 cm sudden 4x2 cm KUO.
4. R. Contused swelling 50x6 cm Rt. elbow forearm hand
5. R. Abraded contusion 6x5 cm Lt. hand
6. R. contused swelling 24x6 cm Lt. shoulder and elbow Jt. KUO
7. R. Contused swelling 36x10 cm both Bultock KUO CULO
8. contusion 6x2 cm Rt. thigh post 20 cm above KUO
9. R. contused abrasion 4x2 cm Lt. thigh Post. Rt. in above parietal fossa
KUO
10. Abraded contused swelling Rt. side leg 8x4 cm cm present above
skull Rt. post. KUO with ankle Jt.
11. Abraded contused swelling 15x6 cm Lt. leg posteriorly Adv. X-Ray
leg Rt. ankle Jt.
12. Multiple and contusion in the area of 40x30 cm over chest and
abdomen 6 in numbers smallest 4x1 cm largest 12x2 cm Adv. X-Ray and
USG W/A
13. Abraded swelling 6x5 cm Lt. knee Jt. KUO
14. T.S. 6x4 cm Lt. side occipital region KUO."

5. Learned A.G.A. has further submitted that as per the case diary, which
is annexed as Annexure-5 (page no. 41) following fractures are seen :-
"1-Fracture of (L) Foramen. Supra Orbital Bone of Skull
2- Fracture of Nasal bone.
3- Fracture of (L) Metacarpel Bone"

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

(Harvir Singh,J.)
April 10, 2026
Faridul

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

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