Allahabad High Court

KANHAIYA LALversusSTATE OF U.P.

Decided: 23 April 2026
Bench: HARVIR SINGH

Holding

The court denied bail, holding that the grievous and life‑dangerous nature of the injuries and the accused's alleged complicity provided no sufficient ground for release.

Summary

The High Court considered a bail application filed by Kanhaiya Lal, who was arrested in connection with a case involving alleged physical assault causing grievous injuries to the victim, Abhimanyu. The applicant's counsel argued that the injuries were simple, the applicant was falsely implicated, and there was no risk of flight. The State opposed bail, presenting medical reports indicating serious head and nasal injuries classified as grievous and dangerous to life. After reviewing the evidence, the court found the allegations of grievous injury credible and concluded there was insufficient ground to grant bail. Consequently, the bail application was rejected, with the court noting that its observations were limited to the bail matter and not a determination on the merits of the case.

Issues considered

Whether bail should be granted to the accused given the nature of the alleged injuries.
Whether the alleged grievous injuries justify denial of bail under the Bharatiya Nyaya Sanhita.
Whether the accused poses a risk of fleeing or tampering with the investigation.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 351(2)

Subjects

bail
grievous injury
criminal procedure
Bharatiya Nyaya Sanhita
Section 115
Section 118
Section 109
Section 351
trial pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7049 of 2026

Kanhaiya Lal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Ajay Singh Sengar, Vijay Singh Sengar
Counsel for Opposite Party(s) : Krishna Dutt Awasthi, G.A.

Court No. - 70
HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.

2. This bail application has been moved on behalf of the accused-applicant/
Kanhaiya Lal, for grant of bail, in Case Crime No. 232/ 2025, under
Sections 115(2), 118(1), 109 and 351(2) of Bharatiya Nyaya Sanhita, 2023,
Police Station Fafoond, District Auraiya, during pendency of trial.

3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution.
Learned counsel for the applicant further submits that, allegations of
physical assault with the help of banka (बांका) have been levelled against the
applicant. However, injuries caused to the injured- Abhimanyu (son of the
informant) are simple in nature. Learned counsel for the applicant further
submits that, the accused-applicant is languishing in jail in this matter, since
1.1.2026, criminal history of two cases has been explained and there is no
likelihood that, the accused-applicant, after release on bail, may flee from
the process of law or will misuse the liberty of bail.

4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail
of the applicant on the ground that, according to CT Scan report of injured-
Abhimanyu, soft tissue injury is noted in head and according to MLC
report, injury No.3 pumma incision upon nasal septa caused morbidity to life
i.e. nature of injury is grievous and injuries are dangerous to life,
therefore, having regard to the manner, in which the crime has been
BAIL No. 7049 of 2026
2

committedthe applicant is not entitled to be released on bail.

5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, specific allegations of causing injury on the
head of the injured have been levelled against the applicant and injuries
caused to the injured- Abhimanyu are grievous in nature and are
dangerous to life. Thus, having regard to the evidence available on record
against the applicant and his complicity in the crime, I do not find any good
ground to release the applicant on bail. Hence, the bail application moved on
behalf of applicant - Kanhaiya Lal is hereby rejected.

6. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.

April 24, 2026
Gurpreet Singh
(Harvir Singh,J.)

Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad

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