Allahabad High Court
RAHUL SHARMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant on personal bond and sureties.
Summary
Rahul Sharma was arrested in connection with a case (Crime No. 364 of 2026) alleging offences under IPC sections 109(1) and 351(3), the B.N.S. provision 3(5) and the Arms Act sections 3, 25 and 27. The applicant contended that the injury to the victim was limited to the right hand, not life‑threatening, and that CCTV footage did not conclusively show him firing; he claimed false implication, had no prior criminal record and had been in custody since 20‑06‑2026. The State opposed bail, but the court, after reviewing the material, found a prima facie case for bail. The court ordered his release on personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses and appearing before the trial court. Any breach of conditions would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under IPC sections 109 and 351 and the Arms Act, considering the nature of injury, evidentiary material and the applicant's criminal history.
Legislation cited
- Arms Act — s. 25, 27, 3
- B.N.S. — s. 3(5)
- Indian Penal Code — s. 109, 351
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- prima facie
- surety
- conditions
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31110 of 2026
Rahul Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Kumar Verma, Mukul Kumar
Mishra, Umakant Chaudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.50 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mukul Kumar Mishra, 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.364 of 2026, under Sections
109(1), 351(3), 3(5) B.N.S. and 3/25/27 Arms Act, Police Station
Nandgram, District Ghaziabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the injury sustained by
the injured person is on his right hand, which is not a vital part of the body,
and it was not dangerous to life. Even the CCTV footage is not conclusive.
No person was visible shooting at the injured person. The applicant has been
falsely implicated in the instant case along with four more named accused
persons and some unknown persons. The applicant has no criminal history
and is in jail since 20.06.2026. He 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
BAIL No. 31110 of 2026
2
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
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Rahul Sharma, 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 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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