Allahabad High Court
SACHIN @ KANJA @ SUMIT SHARMAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sachin @ Kanja @ Sumit Sharma, who is accused under Sections 3, 25 and 27 of the Arms Act in a case registered in 2021. The applicant claimed innocence, alleged false implication, and highlighted his prolonged pre‑trial detention since February 2021 despite a criminal history of eleven cases. The State opposed bail, emphasizing the recovery of a foreign‑made pistol allegedly used in a murder and the applicant's prior bail in a separate Section 302 IPC case. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and clarified that the trial court remains free to reach independent conclusions on the merits.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to an accused in an Arms Act case despite serious allegations and a substantial criminal record.
- Whether the presence of a foreign‑made pistol allegedly used in a murder precludes the grant of bail.
- Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 25, 27, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Indian Penal Code — s. 302
Subjects
- bail
- Arms Act
- criminal procedure
- pre‑trial detention
- surety
- conditions of bail
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11368 of 2026
Sachin @ Kanja @ Sumit Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Dubey, Vijay Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Computer generated bail orders of 11 pages filed by the learned
counsel for the applicant, which are taken on record.
2. Heard Shri Vijay Kumar Mishra, learned counsel for the applicant, and
Shri O.P. Singh, learned AGA for the State-respondents and perused the
record.
3. 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.83 of 2021, under
Sections 3/25/27 of Arms Act, registered at Police Station Sadar Bazar,
District Agra, during pendency of the trial.
4. 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 one country made pistol is said
to have been recovered from the possession of the applicant and it is
alleged that the said country made pistol was used in commission of
murder of a person and the applicant has been granted bail in this case
under Section 302 I.P.C. It is further submitted that the applicant is
languishing in jail since 25.02.2021 and the applicant is having criminal
history of 11 cases, which has been explained in the memo of application,
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.
BAIL No. 11368 of 2026
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5. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
6. As per first information report, one country made pistol is said to have
been recovered from the possession of the applicant and it is alleged that
the said country made pistol was used in commission of murder of a
person and the applicant has been granted bail in this case under Section
302 I.P.C. It is further submitted that the applicant is languishing in jail
since 25.02.2021 and the applicant is having criminal history of 11 cases,
which has been explained in the memo of application.
7. 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.
8. Let the applicant- Sachin @ Kanja @ Sumit Sharma 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.
BAIL No. 11368 of 2026
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9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.)
May 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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