Allahabad High Court
LALLUversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court refused to enlarge bail to the applicant during the trial.
Summary
The applicant, Lallu, sought enlargement of bail in a criminal trial (Crime No. 228 of 2025) involving charges under Sections 109(1), 110, 191(2), 191(3), 115(2) and 352 of the B.N.S. He claimed innocence, stating that his name was added only during investigation and that no incriminating material was recovered. The State opposed bail, relying on an eye‑witness statement and a detailed CT‑scan report showing severe head injuries to the victim, Mahesh Kumar. The court examined the medical evidence and the prosecution’s contention that the applicant played an active role in the assault. Considering the seriousness of the injuries and the strength of the prosecution’s case, the court declined to enlarge bail. Consequently, the bail application was rejected.
Issues considered
- Whether the applicant is entitled to bail during the trial despite serious injuries to the victim.
- Whether the applicant's claim of false implication and lack of prior record warrants bail.
- Whether the medical evidence and eye‑witness testimony justify denial of bail.
Legislation cited
- B.N.S. — s. 109(1), 110, 115(2), 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- assault
- medical evidence
- false implication
- investigation
- trial
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5041 of 2026
Lallu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pushpraj Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit filed on behalf of applicant in the Court today
is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the material on record.
3. By means of this application, the applicant who is involved in Case
Crime No. 228 of 2025, under Sections 109(1), 110, 191(2), 191(3),
115(2), 352 of B.N.S., P.S. Rajapuri, Distrcit-Chitrakoot, is seeking
enlargement on bail during the trial.
4. 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 FIR only
general allegation of assaulting the victim has been made against five
named and some unknown persons. He further submitted that the
applicant was not named in the first information report. His name as an
accused in the present case surfaced for the first time during investigation.
No incriminating article or material has been recovered either from the
applicant or on his pointing out. He lastly submitted that the applicant,
who is in jail since 16.12.2025 and has no criminal antecedents to his
discredit is entitled to be enlarged on bail during pendency of the trial.
5. On the other hand, the learned A.G.A. has vehemently opposed the
prayer for bail and submitted the accused applicant has played an active
BAIL No. 5041 of 2026
2
role in the alleged incident, which is evident from the statement of eye
witness Rakesh Kumar, brother of the informant (Annexure-SA5). He
further submitted that in the said incident the injured Mahesh Kumar
sustained injuries, thereafter C.T. Scan examination of the injured was
performed. The report of C.T. Scan reads as under:-
* Subdural hematoma in right parieto-occipital region crossing the
suture and extending to the left parietal region with mass effect to the
adjacent brain parenchyma.
* Hyperdense intracranial contusions in left high fronto-parietal
region with surrounding edema.
* Sutural diastasis of sagittal suture posteriorly
* Fracture of parietal bones in superior aspect.
* Soft tissue extra calvarial hematoma in left fronto-parieta region.
6. After having heard the learned counsel for the applicant, learned
A.G.A. for the State and perused the record, including C.T. Scan report of
the injured Mahesh Kumar, this Court is not inclined to enlarge the
applicant on bail during the trial, hence this 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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