Sherpal vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 235 of 2025, under Sections 109, 115(2), 352, 351(2) of B.N.S., Police Station- Hafizganj West, DistrictBareilly.

¶10

The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The role of the applicant, as specified in the statement of the injured, is of causing injury to the victim Vidya. In the medical board constituted, the injured Vidya is said to have received fracture of the zygomatic bone on the right side, which is not a life threatening injury. It is further contended that the fracture of the frontal bone was found on the injured Ram Kishor who has given a general role of assault to all the accused persons. The informant has also given a specific role to the applicant of causing injury on the injured Vidya and a general role has been given to all the accused, so far as assault on Ram Kishor is concerned. The applicant has no criminal antecedents. The applicant has no criminal antecedents and he is in jail since 28.2.2026.

¶11

The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail and contended that it was the applicant Sherpal who is said to have been armed with an axe and the independent witnesses have

¶12

BAIL No. 16421 of 2026

¶13

2

¶14

supported the version of the prosecution and have given the main role of assault to the applicant.

¶15

I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record.

¶16

The applicant, so far as the statement of the injured witnesses is concerned, has been given a specific role of causing injury to the injured Vidya Devi. In the first X-ray report of the injured Vidya Devi, no fracture was found. Later on in her CT Scan a fracture was found and even the said fracture, which is said to be of the zygomatic bone, has not been opined to be dangerous to life. In the medical examination report of the injured, a single lacerated wound has been found on the injured Ram Kishor and one lacerated wound and one contusion have been found on the injured Vidya. General role of assault has been given to all the accused who are four in number to the injured Ram Kishor.

¶17

Taking into account the entire facts and circumstances of the case, the period of detention of the applicant and the role assigned to him, prima facie , a case for bail is made out.

¶18

8. The bail application is allowed .

¶19

Let the accused-applicant- Sherpal , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

¶20

i. The applicant will not tamper with the evidence.

¶21

ii. The applicant will not indulge in any criminal activity.

¶22

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶23

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.

¶24

BAIL No. 16421 of 2026

¶25

3

¶26

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

¶27

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.

¶28

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.

¶29

The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case.

¶30

(Rajiv Lochan Shukla,J.)

¶31

May 14, 2026

¶32

Vandana

¶33

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Sherpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sherpal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ramesh Jaiswal Vs State of U.P.

Sharif and 2 Others Vs State of U.P.

Anand Vs State of U.P.

Wahid Hussain vs Union of India and Another

Smt Sikha Rajpoot and Another vs State of U.P.

Mohd Tauseef Ahmad and Another vs State of U.P.