Allahabad High Court
KAYAMUDDIN ALIAS RAJUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
Kayamuddin alias Raju applied for bail in a criminal case (Crime No.149 of 2026) involving charges under Sections 109(1), 317(2), 3(5) of the Indian Penal Code, the Arms Act (Section 3/25) and the Uttar Pradesh Prevention of Cow Slaughter Act (Section 3/8). The incident arose from a police firing in which the applicant was injured in cross‑fire, and the prosecution alleged his involvement. The learned counsel for the applicant argued that the case was a police‑party firing with no injury to others and that the applicant had no serious criminal history. The court, after considering the facts, the nature of the incident, and the submissions, held that the applicant had made out a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties and conditions not to tamper with evidence or intimidate witnesses. The order does not affect the trial on the merits.
Issues considered
- Whether bail should be granted to the accused under Sections 109(1), 317(2), 3(5) IPC, Arms Act and UP Prevention of Cow Slaughter Act pending trial.
Legislation cited
- Arms Act — s. 3/25
- Indian Penal Code — s. 109(1), 317(2), 3(5)
- Uttar Pradesh Prevention of Cow Slaughter Act — s. 3/8
Subjects
- bail
- criminal procedure
- police firing
- arms act
- cow slaughter act
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32392 of 2026
Kayamuddin Alias Raju
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shashi Bhushan Kunwar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.31 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shashi Bhushan Kunwar, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.149 of 2026, under Sections 109(1), 317(2),
3(5) BNS, Section 3/25 Arms Act and Section 3/8 UP Prevention of Cow Slaughter
Act, Police Station Bansdih Road, District Ballia, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that it is a police party
firing no injury case, rather the applicant sustained gunshot injury in the crossfire by
the police, coupled with the fact that criminal history assigned to the applicant stands
explained, and without expressing any opinion on the merits of the case, the Court is,
prima facie, of the view that the applicant has made out a case for bail. Accordingly,
the bail application is allowed.
5. Let the applicant- Kayamuddin Alias Raju, 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.
6. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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