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Allahabad High Court

AKHILversusSTATE OF U.P.

Decided

Holding

The bail application is allowed, and the applicant is released on bond with conditions.

Summary

Akhil, accused of assault by firearm and related offences under the Indian Penal Code and the Arms Act, applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The injured party suffered a simple jaw injury, and the applicant has no prior criminal record, having been in custody since 5 July 2025. The counsel highlighted the lack of serious injury and the heavy pendency of cases as reasons to grant bail. The State opposed the application. The court, after considering the facts and without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to several conditions. The order clarified that it does not prejudice the trial court’s eventual judgment.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the offences alleged against the applicant.
  • Whether the nature of the injury, the applicant’s clean record, and the pendency of trial justify bail.

Legislation cited

Subjects

  • bail
  • assault by firearm
  • Bharatiya Nagarik Suraksha Sanhita
  • Indian Penal Code
  • Arms Act
  • criminal procedure
  • court conditions

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 31822 of 2025

Akhil
                                                                        .....Applicant(s)
                                        Versus
State of U.P.
                                                                  .....Opposite Party(s)

Counsel for Applicant(s)            :   Anil Kumar Mishra, Satyendra Narayan
                                        Singh, Sushil Kumar Pandey
Counsel for Opposite Party(s)       :   G.A.

Court No. - 69
                    HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed by the learned counsel for the applicant is taken on
record.

2. Heard Sri Anil Kumar Mishra, learned counsel for the applicant, Sri B.P. Singh,
learned AGA for the State-respondents and perused the record.

3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 218 of 2025 under Sections 333, 115(2), 126(2), 352, 109(1),
351(3) BNS and 9(1)A, 25/27 Arms Act, registered at Police Station Nakud, District
Saharanpur during pendency of the trial.

4. It has been argued by learned counsel for the applicant that though the applicant has
been assigned the role of assault by fire-arm, however, the injured Ajab @ Monty has
received injury of fire-arm on his jaw and the same has been found to be simple in
nature as per supplementary medical report. It is further submitted that applicant has
no criminal history and he has been languishing in jail since 05.7.2025. It is also
submitted that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.

5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant.

6. Applicant has been assigned the role of assault by fire-arm, however, the injured
Ajab @ Monty has received injury of fire-arm on his jaw and the same has been found
to be simple in nature as per supplementary medical report. Applicant has no criminal
history and he has been languishing in jail since 05.7.2025.

7. Upon considering the totality of facts, nature and the evidence reflected from record
                                                                                                     BAIL No. 31822 of 2025
                                                                         2

                                    and without expressing any opinion on merits of the case, I find it to be a fit case for
                                    bail. Hence, the present bail application is ALLOWED.

                                    8. Let the applicant Akhil involved in the aforesaid case crime be released on bail on
                                    his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
                                    amount to the satisfaction of the Court concerned with the following conditions :-

                                    (i) The applicant shall not directly or indirectly make any inducement, threat, or
                                    promise to any person acquainted with the facts of the case so as to dissuade him from
                                    disclosing such facts to the court or to any police officer or tamper with the evidence.

                                    (ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

                                    (iii) The applicant shall remain present, in person, before the trial court on the dates
                                    fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
                                    under Section 351 of B.N.S.S.

                                    (iv) The applicant shall file an undertaking to the effect that he shall not seek any
                                    adjournment on the dates fixed for evidence when the witnesses are present in the trial
                                    court.

                                    (v) The applicant shall remain present before the trial court on each date fixed, either
                                    personally or through his counsel.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an expression
                                    on the merits of the case. The trial court shall be absolutely free to arrive at its
                                    independent conclusions on the basis of evidence led unaffected by anything said in
                                    this order.

                                    May 14, 2026
                                    Madhurima
                                                                                            (Jitendra Kumar Sinha,J.)




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad


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