Allahabad High Court
RAJKAPOOR GIHARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The applicant, Rajkapoor Gihar, was injured in a police firing cross‑fire and is charged under Section 109(1) of the Indian Penal Code, Section 3(5) of the B.N.S., and Sections 3, 25 and 27 of the Arms Act. He applied for bail during the pendency of the trial (Case Crime No. 167 of 2026). The court examined the material, noted that the case involved a police firing with no injury to the public and that the applicant himself was the victim of a gunshot wound. 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 allowed bail. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions, with a warning that breach would lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial for offences under Section 109(1) IPC, B.N.S. Section 3(5), and Arms Act Sections 3, 25 and 27.
Legislation cited
- Arms Act — s. 25, 27, 3
- Indian Penal Code — s. 109(1)
Subjects
- bail
- criminal procedure
- Arms Act
- police firing
- cross‑fire
- trial
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 22477 of 2026
Rajkapoor Gihar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.120 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on record.
2. Heard Sri Pranvesh, Advocate holding brief of Sri Jadu Nandan Yadav, learned
counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the
State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.167 of 2026, under Sections 109(1), 3(5)
B.N.S. and Section 3/25/27 of Arms Act, Police Station Bidhuna, District Auraiya,
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- Rajkapoor Gihar, 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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