Allahabad High Court
SHEKHARversusSTATE 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 for Shekhar, who is accused under Section 109(1) of the same Act and Sections 3, 25 and 28 of the Arms Act. The applicant claimed innocence, stating that no police officer was injured and that he himself sustained a leg injury, while the FIR alleged recovery of two country‑made pistols and cartridges from his possession. The State opposed bail, citing the seriousness of the firearms offences and the applicant’s prior criminal history. 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, subject to conditions to prevent witness tampering and ensure presence at trial. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under Sections 109(1) BNS and Sections 3, 25, 28 of the Arms Act.
- Whether the applicant’s criminal history and alleged possession of firearms justify denial of bail.
Legislation cited
- Arms Act — s. 25, 28, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal procedure
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14998 of 2026
Shekhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Onkar Singh, Sachin Malik
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sachin Malik, learned counsel for the applicant and 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.
259 of 2025, under Sections 109(1) BNS and Section 3/25/28 of
Arms Act, registered at Police Station Chapper, District
Muzaffarnagar, 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 20.9.2025. It is
further submitted that no police personnel is said to have received
injury of fire arm in the alleged incident and on the contrary the
applicant is said to have received injury on his leg. It is further
submitted that as per FIR, two country-made pistols and some live
and empty cartridges are said to have been recovered from the
possession of the applicant and other co-accused. 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
granted. It has also been pointed out that in the wake of heavy
BAIL No. 14998 of 2026
2
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.
5. No police personnel is said to have received injury of fire arm in
the alleged incident and on the contrary the applicant is said to
have received injury on his leg. As per FIR, two country-made
pistols and some live and empty cartridges are said to have been
recovered from the possession of the applicant and other co-
accused. 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- Shekhar 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
BAIL No. 14998 of 2026
3
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 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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