Allahabad High Court
IRSHAD ALAMversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Irshad Alam, who was arrested in connection with a case (Crime No. 26 of 2025) alleging that he opened fire, causing simple injuries to three persons under Section 109 BNS and Section 27 of the Arms Act. The applicant contended that he was falsely implicated, had been in custody since September 7, 2025, and that the injuries were not life‑threatening, while the State argued that the injured witnesses identified him during investigation. The court examined the nature of the alleged offence, the lack of serious injury, the applicant’s criminal history, and the risk of trial delay. Without expressing an opinion on the merits, the judge found the circumstances suitable for bail. Accordingly, the bail application was allowed subject to a personal bond of Rs. 50,000 and several conditions to prevent witness intimidation or evidence tampering. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether bail should be granted to the accused under Section 483 BNS given the alleged offence and the nature of injuries.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 483
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- false implication
- witness intimidation
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11222 of 2026
Irshad Alam
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Awadhesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Awadhesh Kumar, learned counsel for the applicant, Sri Manoj Gautam,
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. 26 of 2025 under Section 109 BNS and section 27 Arms Act,
registered at Police Station Jahanabad, District Fatehpur during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 07.9.2025. It is
further submitted that the injuries received by the injured person have been found to
be simple in nature as there is no supplementary medical report. It is further submitted
that as per the FIR itself, three persons are said to have received injuries of pellets. It
is also submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that though the applicant has been named in the FIR, however,
the injured Shamshad, Bala and Mulla have stated in their statements recorded under
section 180 BNSS that on inquiry, they came to know the name of the applicant who
had opened fire
5. As per the FIR, one named and four unknown persons opened fire on the first
informant side as a result of which, three persons are said to have received injuries,
however, none of the injuries have been found to be dangerous to life. During
investigation, the injured persons stated that they came to know about the applicant on
inquiry. Criminal history of the applicant has been explained in the memo of
application and he has been languishing in jail since 07.9.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
BAIL No. 11222 of 2026
2
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 Irshad Alam involved in the aforesaid case crime 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 with the following conditions :-
(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.
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.
April 20, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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