Allahabad High Court
SHAHRUKHversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the accused is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shahruku, who was arrested in connection with a case involving alleged discharge of a country‑made pistol and injury to a police officer. The applicant claimed innocence and highlighted his prolonged pre‑trial detention since 17 March 2026, while the prosecution emphasized the injury to a police officer and the recovery of the weapon from the applicant’s possession. The court noted the applicant’s criminal history but also observed the heavy pendency of cases and the lack of any decisive evidence presented at the bail stage. After weighing the nature of the offence, the evidence on record, and the applicant’s undertaking, the court found the matter suitable for bail without expressing an opinion on the merits. Consequently, the bail was granted on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged discharge of a firearm and injury to a police officer.
- Whether the applicant’s criminal history and the seriousness of the alleged offence preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b), 3, a/27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
Subjects
- bail
- criminal procedure
- firearms offence
- injury to police
- pre‑trial detention
- section 483 B.N.S.S.
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15192 of 2026
Shahrukh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajai Kumar, Sumat Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Ajay Kumar, learned counsel for the applicant and Sri
Uma Shanker 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.
109 of 2026, under Sections 109 BNS and Sections 3/25(1-b), a/27
Arms Act, registered at Police Station Sahaswan, District Budaun,
during pendency of the trial.
4. 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 17.3.2026. It is
further submitted that one country-made pistol and some live
cartridges are said to have been recovered from the possession of
the applicant and one police personnel is said to have received
injury of fire arm on his right arm whereas co-accused persons are
said to have received injury on their legs. 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
BAIL No. 15192 of 2026
2
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 it is submitted that one of the
police personnel has received injury of fire arm on his right arm.
6. The applicant and other co-accused persons are said to have
opened fire on the police personnel as a result of which one of the
police personnel is said to have received injury on his right arm
and on the contrary co-accused persons are said to have received
injury on their legs. One country-made pistol and some live
cartridges are said to have been recovered from the possession of
the applicant. The applicant is having criminal history which has
been duly 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- Shahrukh 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. 15192 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.
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 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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