Allahabad High Court
RIHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application was dismissed as it lacked merit and no new ground for release was presented.
Summary
The applicant, Rihan, was arrested in Crime No.156 of 2025 under several provisions of the Indian Penal Code and the Arms Act and has been in custody since 26 March 2025. He filed a second bail application after the first was rejected, but offered no new grounds for release other than the length of his detention. The court found the application devoid of merit, noting that the mere passage of time does not constitute a sufficient reason to grant bail. Consequently, the bail application was rejected. The court directed that the trial proceed expeditiously without unnecessary adjournments, emphasizing that its observations pertain only to the bail application and not the trial merits.
Issues considered
- Whether the applicant is entitled to bail on the ground of prolonged pre‑trial detention without any new substantive ground.
Legislation cited
- Arms Act, 1959 — s. 25, 4
- BNS — s. 3(5)
- Indian Penal Code — s. 103(1), 115(2), 351(2), 352
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- Arms Act
- criminal procedure
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32169 of 2026
Rihan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Aditya Pratap Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.3 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Aditya Pratap Mishra, learned counsel for applicant, Sri Ram Mohit
Yadav, learned A.G.A. for the State.
3. This is the second bail application on behalf of the applicant. The first one was
rejected by this Court vide order dated 23.2.2026 passed in Criminal Misc. Bail
Application No.6504 of 2026.
4. The present bail application has been filed by the applicant in Case Crime No.156
of 2025, under Sections 115(2), 352, 351(2), 103(1), 3(5) BNS and 4/25 Arms Act,
Police Station Loni, District Ghaziabad with the prayer to enlarge him on bail.
5. Learned counsel for the applicant could not produce any new ground for pressing
the instant bail application except the period of incarceration undergone by the
applicant as he is in jail since 26.3.2025, as such, I do not find it a fit case for grant of
bail to the applicant. The instant bail application is found devoid of merits and is,
accordingly, rejected.
6. However, it is directed that the aforesaid case pending before the trial court be
decided expeditiously, in accordance with law, without granting unnecessary
adjournment to either party, if there is no legal impediment.
7. It is clarified that the observations made herein are limited to the facts brought in by
the parties pertaining to the disposal of bail application and the said observations shall
have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
September 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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