Randhawan And Another vs State Of U.P.
- Neutral2026:AHC:104036
Ratio decidendi
The rule this decision rests on
Where an accused has been in custody for a substantial period, a charge sheet has been filed, the accused is no longer required for custodial interrogation or recoveries, and the injuries caused, though grievous, do not appear to be dangerous to life, bail may be granted during the pendency of trial. Where bail conditions are imposed, breach of those conditions renders the bail liable to cancellation by the trial court.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard learned counsel for the applicants, 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 applicants on bail in Case Crime No. 30 of 2026, under Sections 191(2), 191(3), 115(2), 109(1), 3(5) of the B.N.S., Police Station- Kokhraj, District- Kaushambi, during the pendency of the trial.
3. The learned counsel for the applicants contends that the applicants have been falsely implicated in the present case. They have been named along with six other accused persons. A general role of assault has been made. The two injured, who have received injuries supposedly on the assault made by the applicants and the other accused, have not received injuries which may be dangerous to life. The applicants have no criminal antecedents.
4. The learned A.G.A. has opposed the prayer for bail and has contended that the applicants have been specifically named in the First Information Report (FIR). The injured have received grievous injuries, having received fractures in the hand and the legs. The charge sheet against the applicants has already been submitted and the offence against them is established. They may not be considered for grant of bail.
5. I have considered the submissions made by the learned counsel for the parties.
6. The injured, Shiv Kumar has received fractures in the 2nd, 3rd, 4th and 5th metacarpal on the right side. The injured, Ashish Yadav, is said to have suffered a fracture on proximal 1/3rd ulna left side with fracture proximal 1/3rd ulna right side with fracture 4th and 5th metacarpal left side with 3rd and 4th metacarpal right side with fracture bailetral D/E fibula.
7. From the perusal of the supplementary reports, the injuries though grievous in nature, do not appear to be dangerous to life. A general role has been given to the applicants. The applicants are in jail since 23.01.2026 and a charge sheet has also been filed against them. The statement of the injured, that were recorded during investigation, have also been filed today by means of a supplementary affidavit and in the said statements also, a general role has been assigned to the applicants and the other accused.
8. Without expressing any opinion on the merits of the case, taking into account the above mentioned facts and circumstances of the case, the period of detention of the applicants and also the fact that a charge sheet has now been submitted, the applicants are no longer required for custodial interrogation or recoveries, I deem it appropriate to grant bail to the applicants.
9. Let the applicants - Randhawan and Dharm Singh, 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 applicants will not tamper with the evidence.
ii. The applicants will not indulge in any criminal activity.
iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
iv. The applicants will appear regularly on each and every date fixed by the trial Court, unless their personal appearance are exempted by the Court concerned.
10. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel their bail.
11. It is made clear that the applicants 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.
12. 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 applicants.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
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