Allahabad High Court
KAMRANversusSTATE 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 Kamran, who was charged under Section 109(1) of the same Act and Sections 3, 25 and 27 of the Arms Act. The applicant claimed innocence, asserted that no police officer was injured, and highlighted that he himself sustained a leg injury, while a country-made pistol and cartridges were recovered from his possession. The State opposed bail, citing the seriousness of the arms offences. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and imposed a personal bond with sureties and several conditions to prevent tampering or intimidation of witnesses. The bail was granted, with a clarification that the order does not prejudice the trial court's independent assessment of the evidence.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Section 109(1) BNS and the Arms Act.
- Whether the nature of the alleged arms offences and the circumstances of the case justify denial of bail.
- Whether imposing conditions on bail can sufficiently safeguard the trial process.
Legislation cited
- Arms Act — s. 25, 27, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- pendency of trial
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16741 of 2026
Kamran
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sudhakar Shukla, learned counsel for the applicant
and Sri B.P. Singh, 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. 57
of 2026, under Sections 109(1) BNS and Sections 3/25/27 Arms
Act, registered at Police Station Gwaltoli, District Kanpur 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 3.4.2026. It is
further submitted that the 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 one country-made pistol and some live and
empty cartridges are said to have been recovered from the
possession of the applicant and he is said to have confessed his
guilt of some other case being Case Crime No. 55 of 2026. 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
BAIL No. 16741 of 2026
2
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. One country-made pistol and some
live and empty cartridges are said to have been recovered from the
possession of the applicant and he is said to have confessed his
guilt of some other case being Case Crime No. 55 of 2026.
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- Kamran 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.
BAIL No. 16741 of 2026
3
(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 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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