Madhav Prasad Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13295 of 2026

Madhav Prasad

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Dhirendra Kumar Pal
Counsel for Opposite Party(s)	: G.A., Sanjay Srivastava
Court No.- 70

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HON'BLE HARVIR SINGH, J.

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Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record.

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This bail application has been moved on behalf of the accused-applicant/ Madhav Prasad, for grant of bail, in Case Crime No. 416 of 2025, under Sections 109(1), 117(2), 351(3), 352, 115(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, Police Station Rawatpur, District Kanpur Nagar, during pendency of trial.

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Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. Learned counsel for the applicant further submits that, this is a cross case, as an FIR No.0415 of 2025 has been lodged by the applicant's side against the informant and injured in this case with respect to same incident and thereafter, the present first information report bearing FIR No.0416 of 2025 has been lodged by the informant's side against the applicant and his family members, wherein general allegations of physical assault, with the help of stone and iron rod, have been levelled against the applicant and his other family members. However, the injuries caused to the injured are stated to be simple in nature caused by hard and blunt object. It is further submitted that, four persons from the applicant's side have also sustained injuries, therefore, at this stage, it could not be ascertained, as to which party was the aggressor of the alleged incident. Teyuhe accused-applicant is languishing in jail in this matter, since 18.3.2026, without having any criminal antecedents and

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BAIL No. 13295 of 2026

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2

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there is no likelihood that the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail.

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Learned A.G.A. appearing on behalf of State opposes the prayer for bail of the applicant on the ground that, as per medical report of the injured Rohit, following injuries are caused to the injured:-

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"1. L.W. of size 7.0 cm x 1.0 cm x skin deep at frontal region of skull, inflammed and irregular border. Bleeding present injury irregular in shape.

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2. Laceration of size 1.0 cm x 0.5 cm x 0.38 cm at It hand B/W thumb and index finger.

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3. Contusion of size 4.0 x 0.8 cm at Posterior surface of Rt hand 13.0 cm below Rt shoulder top.

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4. Left nares external opening and blood clot present."

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Learned AGA for State further submits that, however, as per discharge summary, there was a Depressed comminuted fracture frontal bone with multiple hemorrhagic contusion in frontal region, so the injury is grievous in nature, therefore, the applicant is not entitled to be enlarged on bail.

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Having considered the rival contentions of the parties, gravity of offence, injuries caused to the injured and having regard to the evidence available on record against the applicant and his complicity in the crime, I do not find any good ground to release the applicant on bail. Hence, the bail application moved on behalf of applicant - Madhav Prasad is hereby rejected.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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April 22, 2026 Gurpreet Singh

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(Harvir Singh,J.)

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad

Madhav Prasad v. State of U.P.

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Madhav Prasad v. State of U.P.

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