Allahabad High Court
MOHD TALIBversusSTATE OF U.P THROUGH PRINCIPAL SECRETARY(HOME) U.P., LUCKNOW
- Decided
Holding
The court held that the case was fit for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite the seriousness of the arms charge and the applicant’s past record.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mohd Talib, who was arrested in connection with a case under Sections 3, 5 and 25 of the Arms Act for allegedly possessing pistols and live cartridges. The applicant claimed innocence, argued that co‑accused Akil and Farhan had already been granted bail, and asserted that the trial would be delayed due to the court's heavy docket. The State opposed bail, contending that the recovered firearms were of foreign make and highlighting the applicant’s criminal history. After reviewing the FIR, the nature of the offence, and the applicant’s undertaking, the court found that the circumstances satisfied the criteria for bail without expressing any view on the merits. Consequently, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail should be granted to an accused under the Arms Act in view of the seriousness of the offence and the applicant’s criminal history
- Whether the provisions of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable to the present case
Legislation cited
- Arms Act — s. 25, 3, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal history
- evidence tampering
- trial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14338 of 2026
Mohd Talib
.....Applicant(s)
Versus
State Of U.P Through Principal Secretary(Home)
U.P., Lucknow .....Opposite
Party(s)
Counsel for Applicant(s) : Avnish Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Avnish Kumar, learned counsel for the applicant and
Sri B.P. Maurya, 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. 64
of 2026, under Section 3/5/25 Arms Act, registered at Police
Station Shahpur, District Muzaffar Nagar, during pendency of the
trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 16.3.2026. It is
further submitted that co-accused Akil and Farhan have already
been granted bail by a co-ordinate Bench of this Court. It is further
submitted that as per FIR, five accused persons including the
applicant are said to have been found sitting in a car and 7 pistols
of 0.324 bore and 3 country-made pistols along with live cartridges
are said to have been recovered from the car. It is further
submitted that applicant is having criminal history which has been
duly explained in the memo of application. It is also submitted that
the applicant undertakes that he will not misuse the liberty, if
BAIL No. 14338 of 2026
2
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 it is submitted that alleged
recovered pistols are of foreign-make.
5. Co-accused Akil and Farhan have already been granted bail by
a co-ordinate Bench of this Court. as per FIR, five accused
persons including the applicant are said to have been found sitting
in a car and 7 pistols of 0.324 bore and 3 country-made pistols
along with live cartridges are said to have been recovered from the
car. The applicant is having criminal history which has been duly
explained in the memo of application.
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- Mohd Talib 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.
BAIL No. 14338 of 2026
3
(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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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