Allahabad High Court
CHANDAN SINGHversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that no prima facie case under Section 109 of the B.N.S. was made out and therefore granted bail to the applicant.
Summary
The High Court considered a bail application filed by Chandan Singh, who was arrested in Crime No.151 of 2025 under Sections 212, 217, 231, 229, 61(2), 109(1) and 352 of the B.N.S. The applicant claimed he was falsely implicated and that the FIR was lodged by his own son after alleged self‑inflicted gunshot injuries. The State opposed bail, alleging the injuries were fabricated to frame the accused. The Court examined the record and found no prima facie case under Section 109, noting that a co‑accused informant had already been granted bail in a similar matter. Consequently, the Court allowed the bail application subject to standard conditions, including not tampering with evidence and cooperating with the trial.
Issues considered
- Whether the applicant is entitled to bail despite allegations of manufacturing injuries to falsely implicate others
- Whether a prima facie case under Section 109 of the B.N.S. exists against the applicant
- Whether the applicant's prior criminal record warrants denial of bail
Legislation cited
- B.N.S. — s. 109(1), 212, 217, 229, 231, 352, 61(2)
Subjects
- bail
- false implication
- fabricated injuries
- Section 109
- criminal procedure
- evidence tampering
- intimidation of witnesses
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6625 of 2026
Chandan Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Narayan Yadav
Counsel for Opposite Party(s) : Sunil Vishal Singh, 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.151 of 2025, under Sections 212, 217,
231, 229, 61(2), 109(1), 352 of B.N.S., Police Station- Naseerpur, District-
Firozabad.
3. The Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. The FIR was lodged by the son of the
applicant for gun shot injuries received by the applicant, however, the police
after investigation has exonerated the accused persons and implicated the
applicant and his son. The applicant has been implicated in two previous
criminal cases, however, the same did not involved more than seven years of
maximum punishment. He is in jail since 23.1.2026. It is further submitted that
in case, the applicant is granted bail, he will not misuse the liberty of bail and
will cooperate in the trial proceedings.
4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant and his son in a bid to falsely implicate the
accused named in the FIR have manufactured gun shot injuries, which was
found out from the CDR and the location of the applicant and the co-accused.
5. I have considered the submissions made by the learned counsels for the
parties and perused the record.
6. From a perusal of the material on record, prima facie no case under Section
109 of BNS is made out against the applicant. The applicant is said to be the
injured, who was manufacturing the injuries in a bid to falsely implicate the
named accused in the FIR. Co-accused who is the informant of the case, Sher
Singh has been granted bail by this Court vide order dated 19.11.2025 passed
in Criminal Misc. Bail Application No. - 40668 of 2025 and the applicant is on
the similar footings, I deem it fit to enlarge the applicant on bail.
7. The bail application is allowed.
8. Let the accused-applicant- Chandan Singh, 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.
BAIL No. 6625 of 2026
2
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.
9. In the event of breach of any of the aforesaid conditions, the court below will
be at liberty to proceed to cancel his bail.
10. 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.
11. 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.
May 6, 2026
Fahad
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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