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2026 DAILYLAW 1949 (ALL)

BALAKRAM v. STATE OF U.P.

BAIL/15140/2026 · 2026-05-04

Rajiv Lochan Shukla

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15140 of 2026 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. 193 of 2025, under Sections 191(2), 115(2), 352, 351(3), 118(2) of the B.N.S., Police Station- Kampil, District- Fatehgarh, during the pendency of the trial. 3. The learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has been named in the First Information Report (FIR) along with five other accused persons, however, no specific role has been assigned to him. The learned counsel for the applicant further contends that initially the FIR was lodged under Sections 191(2), 115(2), 352, 351(3) of the B.N.S., the case has now been converted to one under Section 118(2) of the B.N.S. The learned counsel further submits that even in the statement of the injured, Surendra, who is said to have received grievous injuries, having lost his eye sight in one eye, a general role of assault has been given, whereas the injury report of the injured, Surendra only shows a single lacerated wound. The learned counsel further contends that the applicant is in jail since 13.02.2026, having no criminal antecedents. 4. The learned A.G.A. has opposed the prayer for bail and has contended that the injured, Surendra, has lost his eye sight in his left eye. The injury was grievous in nature and the applicant and the other accused have assaulted the injured, who are three in number. The charge sheet has now been submitted and the offence against the applicant stands proved. No indulgence may be granted to him. 5. I have considered the submissions made by the learned counsel for the parties. Versus Counsel for Applicant(s) : Abhishek Kesarwani, Vipan Kumar Counsel for Opposite Party(s) : G.A. Balakram .....Applicant(s) State of U.P. .....Opposite Party(s) 6. No specific role has been given to the applicant. The applicant has no criminal antecedents. The injured, Surendra, has received a single injury, which is a lacerated wound 3 cms. x 1.5 cms., just lateral to the left eye. The said injury has not been specified to have been caused by the applicant. The FIR speaks of four injured, namely, Surendra, Mahavir, Pankaj and Kishan Lal, however, only Mahavir, Pankaj and Surendra have been medically examined. 7. Without expressing any opinion on the merits of the case, taking into account the entire facts and circumstances of the case, the role assigned to the applicant, period of detention and the lack of criminal antecedents of the applicant, I deem it appropriate to grant bail to the applicant. 8. Let the applicant - Balakram, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two 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. 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/her 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 5, 2026 Kushal BAIL No. 15140 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad