Allahabad High Court
BIJENDRAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail as the case is fit for bail and no specific role has been attributed to him.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Bijendra, who was arrested in connection with a case involving multiple offences such as assault, grievous injury and other provisions of the Criminal Law Amendment Act. The applicant claimed innocence and pointed out that several co‑accused had already been granted bail, arguing that his role was indistinguishable from theirs. The State opposed bail, highlighting that an 84‑year‑old victim suffered a head injury and that the applicant was part of a large group alleged to have assaulted the informant. The court, after reviewing the FIR and noting that no specific role was assigned to the applicant, concluded that the case was fit for bail without expressing any view on the merits. Consequently, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges.
- Whether the applicant's alleged participation in the assault warrants denial of bail on grounds of flight risk or tampering with evidence.
- Whether the existence of an elderly victim with grievous injury affects the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- assault
- grievous injury
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8437 of 2026
Bijendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin, Vibhav Srivastava
Counsel for Opposite Party(s) : Ashok Kumar Pandey, G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Bipin Shukla, learned counsel for the applicant and Sri
B.P. Maurya, learned AGA for the State-respondents and Sri
Ashok Kumar Pandey, learned counsel for the first informant and
perused the record.
2. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicant with a prayer to release him on bail in Case Crime No. 40
of 2026, under Sections 191(2), 191(3), 190, 61(2), 109, 130,
115(2), 352, 351(2), 324(2), 110 BNS and Section 7 of Criminal
Law Amendment Act, registered at Police Station Dadri, District
Gautam Budh Nagar, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 30.1.2026. It is
further submitted that some of the co-accused, namely, Yogesh
Nagar, Sumit, Bhupendra, Manveer@Jitte, Sabu@Satendra and
Jitendra have already been granted bail by a co-ordinate Bench of
this Court as well as by this Court. It is further submitted that role of
the applicant is not distinguishable from the role of above co-
accused. It is also submitted that the applicant undertakes that he
will not misuse the liberty, if granted. It has also been pointed out
that in the wake of heavy pendency of cases in the Court, there is
BAIL No. 8437 of 2026
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no likelihood of any early conclusion of trial.
4. On the other hand, learned counsel for the first informant and
learned A.G.A. have opposed the prayer for grant of bail to the
applicant and it is submitted that a person aged about 84 years has
received injury on his head among others in the alleged incident.
some of the co-accused, have already been granted bail by a co-
ordinate Bench of this Court as well as by this Court.
5. As per allegations in the FIR, 34 named and 10 unknown
persons are said to have assaulted the first informant as a result of
which seven persons are said to have received injuries, out of
which 02 injured are said to have received grievous injuries on
their person, however, no specific role has been assigned to the
applicant and general role has been assigned to other co-accused
including the applicant.
6. Upon considering the totality of facts, nature and the evidence
reflected from record and without expressing any opinion on merits
of the case, I find it to be a fit case for bail. Hence, the present bail
application is ALLOWED.
7. Let the applicant- Bijendra involved in the aforesaid case crime
be released on bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of
charge and (iii) recording of statement under Section 351 of
BAIL No. 8437 of 2026
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B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each
date fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
9. It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no way
be construed as an expression on the merits of the case. The trial
court shall be absolutely free to arrive at its independent
conclusions on the basis of evidence led unaffected by anything
said in this order.
(Jitendra Kumar Sinha,J.)
May 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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