Allahabad High Court
EZADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
Ezad applied for bail in a criminal case (Crime No. 458 of 2025) arising from a police firing incident in which he sustained a gunshot injury in the cross‑fire. The charges were under Section 109 of the B.N.S. and Sections 3/25(1‑B)A/27 and 4/25 of the Arms Act. The applicant’s criminal history was explained, and the court noted that the case involved police firing with no injury to police personnel. Considering the facts, the prima facie case for bail, and the applicant’s lack of risk of tampering with evidence or intimidating witnesses, the court granted bail. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the applicable provisions of the B.N.S. and Arms Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- police firing
- cross‑fire injury
- surety
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 20148 of 2026
Ezad
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shahnawaz Akhtar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.109 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Second supplementary affidavit filed today is taken on
record.
2. Heard Sri Shahnawaz Akhtar, learned counsel for the applicant, Sri R.P. Patel,
learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.458 of 2025, under Section 109 B.N.S. and
Section 3/25(1-B)A/27, 4/25 Arms Act, Police Station Sahaswan, District Budaun,
during the pendency of trial.
4. The criminal history assigned to the applicant stands explained.
5. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration the
fact that it is a police party firing no injury case, rather the applicant sustained gunshot
injury in the crossfire by the police, and without expressing any opinion on the merits
of the case, prima facie the Court is of the view that the applicant has made out a case
for bail. Accordingly, the bail application is allowed.
6. Let the applicant- Ezad, be released on bail in the aforementioned case crime on
furnishing a personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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