Allahabad High Court
RAMANversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is to be released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Raman, who is accused in Crime No.331 of 2025 of offences including sections 191(2), 191(3), 190, 115(2), 109(1), 352 of the same Act, Section 7 of the Criminal Law Amendment Act and Sections 3 and 25 of the Arms Act. The FIR alleges a clash between two groups resulting in gun‑shot injuries to two girls, but no specific role or culpability is attributed to Raman. He has been in custody since 12 November 2025 and claims he was falsely implicated. The State opposed bail, arguing the seriousness of the charges. After reviewing the record, the Court found that the facts and lack of direct evidence against Raman made the case suitable for bail, subject to strict conditions, and ordered his release on a personal bond with sureties.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the charges.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 190, 191, 351, 352, 483
- Criminal Law Amendment Act — s. 7
Subjects
- bail
- criminal procedure
- presumption of innocence
- pending trial
- Arms Act
- Criminal Law Amendment Act
- section 483
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10500 of 2026
Raman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Gopal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Krishna Goptal, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, learned AGA for the State-respondents and
perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.331 of 2025, under
Sections 191(2), 191(3), 190, 115(2), 109(1), 352 of B.N.S. and Section 7
Criminal Law Amendment Act and Section 3/25 of Arms Act, registered
at Police Station Eka, District Firozabad, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that no specific role has been
assigned to the applicant and the first information report has been lodged
by a police officer alleging therein that two group of persons are said to
have indulged in fighting with each other, as a result of which, 2 girls are
said to have received gunshot injuries in the alleged incident. It is further
submitted that the applicant is languishing in jail since 12.11.2025,
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
BAIL No. 10500 of 2026
2
5. No specific role has been assigned to the applicant and the first
information report has been lodged by a police officer alleging therein
that two group of persons are said to have indulged in fighting with each
other, as a result of which, 2 girls are said to have received gunshot
injuries, however, the said injuries have not been attributed to the
applicant. It is further submitted that the applicant is languishing in jail
since 12.11.2025.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Raman involved in the aforesaid case crime shall be
released on bail on his furnishing a personal bond of Rs. 50,000/- with
two sureties each in the like amount to the satisfaction of the Court
concerned :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 10500 of 2026
3
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 20, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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