Allahabad High Court
WASEEMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
Waseem was arrested in connection with Crime No.10 of 2026 under Section 109 of the Indian Penal Code and Sections 3 and 27 of the Arms Act for alleged possession of a country-made pistol and recovered ornaments. He contended that he was falsely implicated and that the recovery was fabricated, asserting his innocence and noting his prior criminal history in three other cases. The applicant, represented by Ravindra Sharma and Rahul Jain, sought bail while in custody since 08‑01‑2026, undertaking to cooperate with the trial and not misuse liberty. The State, represented by A.G.A. Abhishek Mishra and counsel G.A., opposed the bail but could not refute the applicant’s submissions. After considering the material on record, the court, without expressing an opinion on the merits, held that the applicant had made out a prima facie case for bail and ordered his release on personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted in a case involving alleged possession of an illegal firearm and alleged abetment under Section 109 IPC.
- Whether the applicant’s claim of false implication and lack of prima facie evidence justifies bail.
- Whether the conditions imposed (bond, sureties, non‑tampering, appearance) are sufficient to mitigate any risk.
Legislation cited
- Arms Act — s. 27, 3
- Indian Penal Code — s. 109
Subjects
- bail
- Arms Act
- Indian Penal Code
- prima facie
- sureties
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 21504 of 2026
Waseem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.115 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Rahul Jain, Advocate holding brief of Sri Ravindra Sharma,
learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for
the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.10 of 2026, under Sections 109
B.N.S. and Section 3/27 Arms Act, Police Station Dataganj, District Budaun,
during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. A
false recovery of certain ornaments and a country-made pistol has been
foisted on the applicant. The criminal history of three cases assigned to the
applicant stands explained. He is in jail since 08.01.2026 and undertakes to
cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
BAIL No. 21504 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Waseem, 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.
8. 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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