BRAJKISHORE @ BHAMARPAL @ BHAWARPAL v. STATE OF U.P.
BAIL/12087/2026 · 2026-04-08
Harvir Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 690 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 690 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12087 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. By means of this application, the applicant who is involved in case crime no. 102 of 2025, under Sections 109(1), 191(2), 191(3), 115(2), 352, 351(3), 117(2), 118(1) of B.N.S., P.S. Usawan, District-Budaun, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the First Information Report was lodged after an inordinate and unexplained delay of six days of the incident against five persons, including applicant with the allegation that all the accused persons have assaulted the brothers of the informant namely, Ramanpal and Janvesh, causing injuries to them. Only general allegation of assault has been made against all the accused persons. No specific role has been assigned to the applicant. He further submitted that the informant, as well as the injured Javesh in their statements have attributed the role of assault to co-accused Ravesh. He lastly submitted that the applicant, who is in jail since 21.11.2025 and has no criminal antecedents to his discredit, is entitled to be enlarged on bail during pendency of the trial. 4. Per contra learned AGA opposed the prayer for bail and submitted that grievous injuries have been caused to the injured Javesh and Rampal. The details of the injuries are at page nos. 44 to 55, which reads as under:- Versus Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav Counsel for Opposite Party(s) : G.A. Brajkishore @ Bhamarpal @ Bhawarpal .....Applicant(s) State of U.P. .....Opposite Party(s)
"(i). Left frontal-parietal EDH (Epidural Hematoma)." The patient was admitted in Genral Surgery department under Dr. Gaurav Mishra on 25.6.2025, who opined that the injury inflicted upon the injured due to physical assault. The injured was operated "Left Frontal Parietal Craniotomy with Evacuation of EDH on 26.6.2025. Injury of Rampal:- (i). "Fracture 2nd Meta Carpal seen." (ii) "Fracture 4th Meta Carpal seen". Opinion :- Injury is grievous in nature. 5.
Having considered the nature of the injuries sustained by the injured Javesh (Left frontal-parietal EDH (Epidural Hematoma)) and the injuries sustained by the injured Ram Pal (Fractures seen in 2nd and 4th Meta Carpal region), this Court is not inclined to enlarged the applicant on bail, accordingly, the bail application is rejected. April 9, 2026 Faridul BAIL No. 12087 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad