Allahabad High Court
CHUTKUversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The bail application is allowed.
Summary
The accused, Chutku, applied for bail in a criminal case (Crime No. 254/2025) under Section 109(1) of the B.N.S. for alleged involvement in causing grievous injuries. The applicant claimed false implication, highlighted lack of prior criminal record, and noted that co-accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the injuries but could not refute the applicant's factual submissions. The court, after considering the nature of the offence, the evidence, and the applicant's circumstances, found that the applicant had made out a case for bail without expressing an opinion on the merits. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions prohibiting witness tampering, unnecessary adjournments, and further criminal activity.
Issues considered
- Whether bail should be granted to the accused under Section 109(1) of the B.N.S. given the nature of the alleged offence and evidence.
- Whether the accused poses a risk of fleeing, tampering with evidence, or committing further offences if released on bail.
Subjects
- bail
- criminal procedure
- Section 109
- grievous injury
- personal bond
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8253 of 2026
Chutku
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranjeet Singh
Counsel for Opposite Party(s) : Awadhesh Kumar Yadav, 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/ Chutku for grant of bail, in Case Crime No. 254/2025, under
Section 109(1) B.N.S., Police Station Tindwari, District Banda, 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. It has further been submitted that general
role of causing injuries to the injured has been assigned to the applicant,
along with other co-accused. It has further been submitted that co-accused
Babloo @ Balbeer and Ashish have already been granted bail by this
Court vide orders dated 28.3.2026 and 2.4.2026 passed in Criminal Misc.
Bail Application Nos. 8668 of 2026 and 3143 of 2026 respectively.
Learned counsel for the applicant further submits that, the accused-
applicant is languishing in jail in this matter since 24.10.2025 having no
criminal history to his discredit 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. as well as learned counsel for the informant has
opposed the prayer for bail of the applicant on the ground that, the injuries
caused by the accused-applicant are grievous in nature, but could not
confront the factual submissions made by the learned counsel for the
BAIL No. 8253 of 2026
2
accused-applicant.
5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment, submissions of the learned counsel for
the parties and without expressing any opinion on the merits of the case, I
am of the considered view that applicant has made out a case for bail. The
bail application is allowed.
6. Let the accused-applicant/ Chutku involved in aforesaid case be
released on bail on furnishing a personal bond with two sureties in the
like amount to the satisfaction of the court concerned subject to following
conditions:-
(i) The applicant shall not tamper with the prosecution
evidence by intimidating/pressurizing the witnesses, during the
investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without
seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Harvir Singh,J.)
April 20, 2026
Gss
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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