Allahabad High Court

MINTU ALIAS SHIVAversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that a prima facie case for bail exists and therefore granted bail to the accused.

Summary

Mintu alias Shiva was arrested in connection with an assault that caused injury to the victim's right hand, under Sections 115(2), 351(2), 118(1) and 118(2) of the B.N.S. 2023. The FIR was lodged four days after the incident, and both the accused and the victim were found to be intoxicated at the time of the injury. The applicant pleaded that he was falsely implicated, had no criminal antecedents, and had been in custody since 9 September 2025. The State opposed bail, emphasizing the accused’s solitary role in causing the injury, but could not dispute the lack of prior record. Considering the delay in filing the FIR, the single nature of the injury, the applicant’s clean record, and the material collected, the court held that a prima facie case for bail existed and ordered his release on bail subject to standard conditions.

Issues considered

Whether bail should be granted to the accused under Sections 115(2), 351(2), 118(1) and 118(2) of the B.N.S. 2023 given the facts of the case.
Whether the delay in lodging the FIR and the intoxication of both parties affect the bail determination.
Whether the absence of prior criminal record and the nature of the injury justify release on bail.

Legislation cited

B.N.S., 2023 — s. 115(2), 118(1), 118(2), 351(2)

Subjects

bail
criminal procedure
assault
intoxication
delay in FIR
no prior record
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43916 of 2025

Mintu Alias Shiva
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Akhilesh, Manoj Kumar Tiwari
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.318 of 2025, under Sections 115(2),
351(2), 118(1), 118(2) B.N.S. 2023, Police Station- Sasni Gate, District-
Aligarh.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. As per the First Information
Report itself, the applicant was a friend of the injured and is said to have
assaulted the injured using a sharp edged weapon due to some previous
dispute. The First Information Report has been lodged after four days of
the occurrence. In the statement of Doctor Tejas Vashishth, who had
examined the injured, it has been mentioned that the injured was in an
intoxicated state. The Learned counsel for the applicant further contends
that the applicant who is in jail since 9.9.2025 has no criminal
antecedents.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant is the solitary accused in
the present case. Specific role of causing injury on the right hand of the
injured has been given to the applicant. In the statement of the Doctor, it
has come that right hand of the injured has been rendered useless due to
the assault which led to severe damage to the muscles and the arteries of
BAIL No. 43916 of 2025
2

the right hand. The Learned A.G.A., however, could not dispute the fact
that the applicant has no criminal antecedents.

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

6. The First Information Report has been lodged with a delay of four
days. In the First Information Report, it has been mentioned that the
accused is also an addict. The injured when he was being examined by the
Doctor, was also found to be inebriated. There is a single injury and there
are no repeated blows. The applicant is in jail since 9.9.2025 having no
criminal antecedents.

7. Taking into account the entire facts and circumstances of the case,
period of detention of the applicant, the nature of allegations and the
material collected during investigation, prima facie, a case for grant of
bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Mintu Alias Shiva, 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.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
BAIL No. 43916 of 2025
3

11. It is made clear that the applicant shall be released on the basis of
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.

12. 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 7, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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