Allahabad High Court
LALARAM AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The applicants Lalaram and Vijay filed an anticipatory bail application in a criminal case involving alleged offences under Sections 115(2), 352, 351(3), 109(1), 117(2) and 3(5) of the Indian Penal Code. Both parties claimed injuries, with five persons on the informant’s side and four on the applicants’ side injured; only one injury—a nasal bone fracture to Prince Pratap Singh—was deemed grievous, though not life‑threatening. The applicants argued they were falsely implicated, had no prior criminal record, and no charge‑sheet had been filed. The informant’s counsel highlighted the delayed FIR and the grievous nature of the fracture but could not point to any criminal antecedents of the applicants. After considering the cross‑versions and the fact that the injuries were not dangerous to life, the Court, without expressing a view on the merits, granted anticipatory bail with standard conditions, ordering the applicants to furnish a personal bond and surety.
Issues considered
- Whether the applicants are entitled to anticipatory bail under the circumstances of the case.
- Whether the injuries sustained, particularly the nasal bone fracture, constitute grievous hurt dangerous to life warranting denial of bail.
- Whether the delay in filing the FIR and the absence of a charge‑sheet affect the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- false implication
- grievous hurt
- injury assessment
- bail conditions
- Indian Penal Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10319 of 2026
Lalaram And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyamu Shukla
Counsel for Opposite Party(s) : G.A., Vikas Yadav
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, the Learned counsel for the applicants, the Learned counsel for
the informant and the Learned A.G.A. for the State and perused the
record.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No.760 of 2026, under Sections 115(2), 352,
351(3), 109(1), 117(2), 3(5) B.N.S., P.S.- Khalilabad, District- Sant Kabir
Nagar, with a prayer to enlarge them on anticipatory bail as the applicants
apprehend their arrest in the above-mentioned case.
3. Learned counsel for the applicants has contended that the applicants
have been falsely implicated in the present case. There are cross versions
of the incident. Both sides have received injuries. Five persons from the
informant side have received injuries and four persons from the side of
the applicants have received injuries. Learned counsel has further
submitted that except the injuries sustained by Prince Pratap Singh, none
of the injuries were found to be grievous in nature or dangerous to life.
Learned counsel has further submitted that the applicants have no
criminal history. No charge sheet has been filed as yet. They will
cooperate in the investigation and trial, if any, and may be considered for
NABAIL No. 10319 of 2026
2
grant of anticipatory bail.
4. Learned counsel for the informant and the Learned A.G.A. have
opposed the prayer for grant of anticipatory bail. Learned counsel for the
informant has contended that the F.I.R. from the side of the applicants has
been lodged after ten days. None of the injured from the applicants' side
have received any injury which may be considered to be grievous in
nature or dangerous to life. Learned counsel has further submitted that
one injured, Prince Pratap Singh, has received a fracture of the nasal
bone, which is a grievous injury. Learned counsel for the informant,
however, could not point out any criminal antecedents of the applicants.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. There are cross versions. Both the sides claim to have received injuries.
In the opinion of the Court, it would not be appropriate to hold which side
is the aggressor at the present stage. Except for one injury received by
Prince Pratap Singh, none of the injuries have been found to be grievous
in nature or dangerous to life. The injury received by Prince Pratap Singh
has an underlying nasal bone fracture which, although grievous in nature,
cannot be termed to be dangerous to life.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicants on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicants
is allowed.
9. In the event of the arrest of the applicants Lalaram and Vijay, they
shall be released forthwith in the aforesaid case crime on anticipatory bail
NABAIL No. 10319 of 2026
3
on furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
i. the applicants shall make themselves available for interrogation by a
police officer as and when required;
ii. that the applicants 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 them from disclosing such facts to the Court or
to any police officer;
iii. that the applicants shall not leave India without the previous
permission of the Court;
iv. that the applicants shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
October 1, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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