Allahabad High Court
SHIVAM PAL @ JWALA SINGHversusSTATE 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
Shivam Pal @ Jwala Singh applied for bail in a case (Crime No.53 of 2026) under Section 109(1) of the B.N.S., 2023 and Sections 3, 25 and 27 of the Arms Act, arising from a police firing incident in which he sustained a gunshot injury. The applicant argued that he was a victim of cross‑fire and that the case was a police‑party firing with no injury to others. The court examined the material on record, the criminal history of the applicant, and the fact that the incident involved police action rather than a violent offence by the accused. Without expressing a view on the merits, the court found a prima facie case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether the applicant is entitled to bail under Section 109(1) of the B.N.S., 2023 and Sections 3, 25, 27 of the Arms Act pending trial
- Whether the nature of the incident (police firing, applicant injured in cross‑fire) justifies the grant of bail
Legislation cited
- Arms Act — s. 25, 27, 3
- B.N.S., 2023 — s. 109(1)
Subjects
- bail
- criminal procedure
- Arms Act
- police firing
- cross‑fire
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32415 of 2026
Shivam Pal @ Jwala Singh
.....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.40 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Beerendra Singh Pal, learned counsel for the applicant, Sri Ram Mohit
Yadav, 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 Section 109(1) B.N.S.,
2023 and 3/25/27 of Arms Act, Police Station Rajpur, District Kanpur Dehat, during
the pendency of trial.
4. The criminal history assigned to the applicant stands explained.
5. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration the
fact that it is a police party firing no injury case, rather the applicant sustained gunshot
injury in the crossfire by the police, 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. Accordingly, the bail application is allowed.
6. Let the applicant- Shivam Pal @ Jwala Singh, 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.
7. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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