Allahabad High Court
VIJAY KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted bail to the accused, subject to conditions.
Summary
The applicant Vijay Kumar was arrested for allegedly assaulting his wife and her sister, causing grievous injury to his wife's neck while in an inebriated state. The FIR alleges use of a sharp‑edged weapon, but the sister sustained no injury. The applicant has been in custody since 27 July 2025, has no prior criminal record, and the trial is not expected to conclude soon. The State opposed bail but could not dispute the lack of antecedents. The court, considering the seriousness of the offences, the applicant’s clean record, and the anticipated delay in trial, decided to grant bail subject to conditions. The bail order was issued on 7 May 2026.
Issues considered
- Whether bail can be granted to the accused in a case involving alleged assault causing grievous hurt under Sections 115(2), 351(2), 352, 118(1), 109(1) of the IPC
- Whether the seriousness of the alleged offences and alleged use of a weapon preclude bail
- Whether the accused’s lack of prior criminal antecedents and the expected delay in trial justify the grant of bail
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(1), 351(2), 352
Subjects
- bail
- assault
- grievous hurt
- intoxication
- Indian Penal Code
- criminal antecedents
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45381 of 2025
Vijay Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kashi Naresh Mishra
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.218 of 2025, under Sections 115(2),
351(2), 352, 118(1), 109(1) BNS, Police Station Roravar, District
Aligarh.
3. Learned counsel for the applicant states that the applicant is said to
have assaulted his wife and caused grievous injury on her neck after a
dispute had taken place between the husband and wife while the husband
is stated to be in inebriated state. The applicant is in jail since 27.07.2025.
A chargesheet has also been submitted against the applicant. There is no
likelihood of the trial concluding in the near future. The applicant has no
criminal antecedents.
4. Learned AGA has opposed the prayer for bail, however, could not
dispute the fact that the applicant has no criminal antecedents.
5. I have considered the submissions made by Learned counsels for the
parties.
6. In the FIR, which has been lodged after one day of the occurrence, the
applicant has been assigned the role of causing injuries on the neck of his
wife and her sister Meena in an inebriated state. The injured Meena has
BAIL No. 45381 of 2025
2
not received any injury, which may be attributed to a sharp edged weapon
that has been assigned to the applicant. The injured Usha has although
received dangerous injury on her neck, however, there is only one injury
and there are no repeated blows. The applicant is stated to be in an
inebriated state and the fight between the husband and wife had erupted as
the wife had objected to the drinking of the applicant. The applicant has
no criminal antecedents and is in jail since 27.07.2025.
7. Taking into consideration the facts and circumstances of the case, as
also the fact that the trial against the applicant is not likely to conclude in
the near future, without expressing any opinion on the merits of the case, I
find it appropriate to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the accused-applicant, Vijay Kumar, 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
concerned will be at liberty to proceed to cancel his bail.
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.
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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.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 7, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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