Allahabad High Court
DEEPAK KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Since the applicant was not named in the FIR, no role in the alleged firing was established, and he has no criminal history, the court held that he is entitled to bail.
Summary
The High Court considered a bail application filed by Deepak Kumar, who was arrested in connection with a case (Crime No. 370 of 2026) involving alleged offences under several sections of the Indian Penal Code and the Arms Act. The applicant contended that he was not named in the FIR and was only later implicated by witnesses, with no evidence linking him to the alleged firing or injury caused by a blunt object. The State opposed bail, but the court noted the lack of a direct accusation in the FIR, the absence of any role attributed to the applicant in the violent act, and his clean criminal record. Relying on these prima‑facie considerations, the court concluded that the applicant was entitled to bail. Accordingly, the court ordered his release on personal bond and two sureties, subject to standard conditions and the possibility of cancellation for breach.
Issues considered
- Whether the applicant, who was not named in the FIR and has no proven role in the alleged offences, is entitled to bail during the pendency of trial.
Legislation cited
- Arms Act, 1959 — s. 25, 27, 3
- Indian Penal Code — s. 109(1), 115(2), 125 BNS, 191(2), 191(3), 351(3), 352
Subjects
- bail
- criminal procedure
- FIR
- prima facie
- Indian Penal Code
- Arms Act
- false implication
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31784 of 2026
Deepak Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Archna Singh Jadaun
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.57 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Archna Singh Jadaun, learned counsel for the applicant, Sri
Anit Kumar Shukla, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.370 of 2026, under Sections
109(1), 191(2), 191(3), 115(2), 352, 351(3), 125 BNS and Section 3/25/27
Arms Act, Police Station Akrabad, District Aligarh, 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. The
applicant is not named in the FIR, but subsequently the witnesses have
nominated the applicant to be one of the perpetrators of the crime on the date
of institution of FIR itself. The said implication is an afterthought. No role of
firing at the injured person has been assigned to the applicant.
5. Learned counsel for the applicant has further argued that the applicant is
stated to have carried a Danda in his hand and was standing with the other
accused persons, but there is no injury sustained by the injured person
regarding hard and blunt object. As such, applicant is entitled to be enlarged
on bail. The applicant has no criminal history and is in jail since 28.7.2026.
He undertakes to cooperate with the trial and not misuse the liberty of bail.
BAIL No. 31784 of 2026
2
6. 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.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant was not named in the FIR, coupled with
the fact that the role of firing at the injured person has not been assigned to
the applicant, 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.
8. Let the applicant- Deepak Kumar, 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.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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