Allahabad High Court
NAMITversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, granting the applicant release on bond with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Namit, who was arrested in connection with a case under Sections 3, 5 and 25 of the Arms Act. The applicant claimed false implication and highlighted that no arms were recovered from his possession, while the State argued that he is a habitual offender. After reviewing the record and the supplementary affidavit, the Court, without expressing an opinion on the merits, found the case suitable for bail. The Court ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions including non‑interference with witnesses and attendance at trial dates. The order clarified that it does not prejudice the trial court’s eventual judgment on the merits.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under the Arms Act.
- Whether the applicant's alleged habitual offender status precludes bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 25, 3, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- Arms Act
- Section 483 B.N.S.S.
- habitual offender
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14276 of 2026
Namit
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ghan Shyam
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on
record.
2. Heard Sri Ghan Shyam, learned counsel for the applicant, Sri Uma Shankar Mishra,
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. 55 of 2026 under Sections 3/5/25 Arms Act, registered at
Police Station Bhoganipur, District Kanpur Dehat during pendency of the trial.
4. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 14.2.2026. It is
further submitted that five country made pistols and some instruments related to
manufacturing of arms are said to have been recovered from a place and applicant is
said to have been arrested from his house. It is further submitted that nothing has been
recovered from conscious possession of the applicant and his criminal history has
been explained in the supplementary affidavit filed today. 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.
5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that applicant is habitual offender of offences relating to Arms
Act.
6. Five country made pistols and some instruments related to manufacturing of arms
are said to have been recovered from a place and applicant is said to have been
arrested from his house. Criminal history of the applicant has been explained in the
supplementary affidavit filed today and he is in jail since 14.2.2026.
BAIL No. 14276 of 2026
2
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 Namit 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.
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.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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