Allahabad High Court

GOLU PANDEYversusSTATE OF U.P.

Decided: 9 April 2026
Bench: HARVIR SINGH

Holding

The Court held that the grievous nature of the injuries and the seriousness of the offences preclude the grant of bail.

Summary

Golu Pandey was arrested in connection with FIR No. 296 of 2025 alleging assault and related offences under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109 of the B.N.S. He applied for bail, claiming he was falsely implicated, that the FIR named him only as an unknown person, and that no incriminating material was found on him. The State opposed bail, presenting medical reports that detailed grievous and life‑threatening injuries to four victims, including stitched wounds and multiple abrasions. The applicant argued that the injuries were not dangerous to life and that he had no prior criminal record. The Court examined the nature of the injuries and the seriousness of the offences. Concluding that the injuries were indeed grievous and posed a danger to life, the Court refused to enlarge bail. The bail application was therefore rejected.

Issues considered

Whether bail should be granted to the accused in a case involving alleged assault with grievous injuries under the cited sections of the B.N.S.
Whether the injuries sustained by the victims qualify as grievous and dangerous to life for the purpose of bail considerations

Legislation cited

B.N.S. — s. 109, 115(2), 191(2), 191(3), 351(3), 352

Subjects

bail
assault
grievous injuries
dangerous to life
criminal procedure
Section 109
court discretion

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45525 of 2025

Golu Pandey
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Sarvanand Pandey
Counsel for Opposite Party(s) : Anoop Kumar Dubey, G.A., Sudhir
Tiwari

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. 296 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(3)
and 109 of B.N.S., P.S. Turkpatti, District-Kushinagar, 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 assault has been levelled against
four named and nine unknown persons, including applicant. No specific
role has been assigned to the applicant. He further submitted that no
incriminating article or material has been recovered either form the
possession of the applicant or on his pointing out. He also submitted that
the injuries sustained by the injured were not dangerous to life, therefore,
the essential ingredients of offense under Section 109 of the B.N.S. are
not fulfilled. He lastly submitted that the applicant, who is in jail since
25.10.2025 and has no criminal antecedents to his discredit 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 Nabi Rasool, Sartaj,
Azad Ansari and Sayed Ansari. The details of the injuries are at page nos.
BAIL No. 45525 of 2025
2

79 to 81, which reads as under:-

Injury of Nabi Rasool

"(i). Stitched wound 3.4 x 3 stitches present on left side parietal 9 cm
above from left eyebrow;

(ii) Stitched wound 4.2 cm x 3 stitches present on left side front of head
4.8 cm above from left eyebrow;

(iii) Linear abrasion 2 cm x 0.1 cm present on dorsal aspect of right
forearm 8.2 cm below from right elbow joint."

Injury of Sartaj

"(i). Abrasion 1.5 cm x 0.3 cm present on dorsal aspect of right arm4.5
cm above from right elbow joint;

(ii) Abrasion 1.4 cm x 0.5 cm present on right side back of chest 4.5 cm
medially above from inferior angle of right scapula;

(iii) Abrasion 0.5 cm x 0.2 cm present on left side back of chest just
below from inferior angle of left scapula;"

Injury of Azad Ansari

"(i) Abrasion 2.5 cm x 2.1 cm present on left side front of parietal 6.2 cm
above from left eyebrow."

Injury of Sayed Ansari

"(i) Abrasion 0.5 cm x 0.3 cm dorsal aspect of right little finger 2.3 cm
above from tip of right little finger;

(ii) Abrasion 0.4 cm x 0.2 cm present on dorsal aspect of right forearm
5.3 cm below from right elbow joint."

Opinion of the Doctor :-

The injuries sustained by the injured Nabi Rasool are grievous in nature
and dangerous to life.
BAIL No. 45525 of 2025
3

5. Having considered the nature of the injuries sustained by the injured
Nabi Rasool and the injuries sustained by other injured persons, 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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