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Allahabad High Court

KALLU ALIAS KALUAversusSTATE OF U.P.

Decided

Holding

The court held that the applicant had established a prima facie case for bail and therefore granted bail.

Summary

The applicant, Kallu alias Kalua, applied for bail in a criminal case (Crime No. 389 of 2026) involving alleged violations of Sections 109(1), 3(5) of the B.N.S. and Sections 3, 25, 27 of the Arms Act, arising from a police firing incident at Bhojipura, Bareilly. The counsel for the applicant and the State presented their arguments, and the court examined the material on record, including the applicant's criminal history. The court noted that the case involved a police firing with no injuries and, without delving into the merits, found that the applicant had made out a prima facie case for bail. Consequently, the bail application was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.

Issues considered

  • Whether the applicant is entitled to bail under the provisions of the Arms Act and the B.N.S. in a police firing case with no injuries.

Legislation cited

Subjects

  • bail
  • Arms Act
  • police firing
  • criminal procedure
  • surety

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 23644 of 2026

                                    Kallu Alias Kalua
                                                                                                             .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                                   :    Mohd. Ashraf
                                    Counsel for Opposite Party(s)                              :    G.A.

                                    Court No. - 68
                                    (Sr. No.111 out of 185)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Mohd. Ashraf, learned counsel for the applicant, Sri Ram Mohit Yadav,
                                    learned A.G.A. for the State and perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No.389 of 2026, under Sections 109(1), 3(5)
                                    B.N.S. and 3/25/27 of Arms Act, Police Station Bhojipura, District Bareilly, 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, 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- Kallu Alias Kalua, 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 8, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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