Hearing a bail plea, the Allahabad High Court observed that the role of every accused has to be assessed on its own merits and that a person cannot be kept in jail indefinitely merely because he happens to be named in the incident.
On this reasoning, the Court granted bail to a young man who had remained behind bars for more than two months, even though the co-accused, who was alleged to have fired the shot that injured the victim, had already been released on bail.
The Court noted that the applicant was only accused of arriving at the scene with a lathi and that keeping him incarcerated during what could be a prolonged trial would not be justified.
The order was passed by Justice Lakshmi Kant Shukla while allowing the bail application of Aakash @ Krishna, a resident of Mathura.
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An FIR had been registered against him at Chhata Police Station, Mathura, under various provisions of the Bharatiya Nyaya Sanhita (BNS).
The prosecution claimed that a minor dispute, on April 12, 2026, developed into a violent confrontation.
It was alleged that an argument and a slapping incident first took place between the applicant and the son of the informant’s brother-in-law.
About one and a half hours later, the applicant allegedly returned to the informant’s house along with his brother Kailash and eight to ten other persons carrying lathi and a country-made pistol, where an assault took place.
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During the incident, a co-accused opened fire upon the informant, which hit him in the thigh. The prosecution itself attributed the firing to another co-accused.
Counsel for the petitioner argued that the only allegation against him was that he was carrying a lathi and that there was no allegation of any lathi injury having been caused to anyone.
It was further submitted that the firearm injury had been attributed to another accused, who had already secured bail.
The State and the informant opposed the plea but were unable to effectively counter the submissions regarding the applicant’s limited role.
Taking into account the nature of the allegations, the material available on record, the specific role assigned to the petitioner, and the principles laid down by the Supreme Court on the grant of bail, the Court ultimately enlarged the petitioner on bail subject to certain conditions.
The Court also made it clear that any breach of those conditions could result in cancellation of the bail.
Case: Aakash @ Krishna vs State of U.P.
Case No: Criminal Misc. Bail Application No. – 18402 of 2026
Date of Order: 18.06.2026
Status: Allowed
