Allahabad High Court
ARUNversusSTATE 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
Arun applied for bail in a case (Crime No.53 of 2026) involving alleged violations of Section 109(1) of the Indian Penal Code and Sections 3, 25 and 27 of the Arms Act. He claimed he was falsely implicated and was actually a victim of police cross‑fire, sustaining a gunshot injury himself. The State opposed the bail, but the court, after reviewing the affidavit and the material on record, found no police injury and noted the applicant’s claim of innocence. Without expressing a view on the merits, the court held that prima facie the applicant was entitled to bail. Accordingly, Arun was released on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 109(1) IPC and the Arms Act in view of the facts of the case.
Legislation cited
- Arms Act, 1959 — s. 25, 27, 3
- Indian Penal Code — s. 109(1)
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- cross‑fire injury
- Section 109 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31981 of 2026
Arun
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Beerendra Singh Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.110 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Beerendra Singh Pal, learned counsel for the applicant, Sri
Pankaj Srivastava, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.53 of 2026, under Sections 109(1)
BNS and Section 3/25/27 Arms Act, Police Station Rajpur, District Kanpur
Dehat, 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. It is
a police party firing no injury case, rather the applicant sustained gunshot
injury in the crossfire by the police. The criminal history assigned to the
applicant has been explained. He is in jail since 6.5.2026. 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
learned counsel for the parties, the evidence on record, taking into
consideration the fact that no injury has been sustained by any police
BAIL No. 31981 of 2026
2
personnel, rather the applicant sustained injury in the crossfire, 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- Arun, 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 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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