Allahabad High Court
RASHIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is rejected as the applicant failed to properly explain his criminal history.
Summary
The applicant, Rashid, sought bail in a criminal case (Crime No.151 of 2026) involving offences under Section 109(1) BNS of the IPC and Sections 3, 25 and 27 of the Arms Act. The State opposed, pointing out that the applicant’s prior criminal history – involving three earlier bail cases and a rejected bail order in another matter – was not properly disclosed in the affidavit. The applicant contended that the history was explained in paragraph 15 of the affidavit. The Court examined the submissions and the record, finding that the criminal history had indeed not been adequately explained. Consequently, the Court was not satisfied that the applicant had made out a case for bail and rejected the bail application, while directing the trial to proceed expeditiously without unnecessary adjournments.
Issues considered
- Whether the applicant has sufficiently explained his prior criminal history to merit the grant of bail.
- Whether the existence of earlier pending or concluded cases affects the bail eligibility in the present matter.
Legislation cited
- Arms Act — s. 25, 27, 3
- Indian Penal Code — s. 109(1) BNS, 303(2) BNS, 379, 411
- Prevention of Cruelty to Animals Act — s. 11
- Uttar Pradesh Gangster Act — s. 3(1)
Subjects
- bail
- criminal history
- arms offence
- procedural law
- trial expeditiousness
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33280 of 2026
Rashid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deeksha Gupta, Siddharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.17 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No.151 of 2026, under Sections 109(1) BNS and Section 3/25/27 of
Arms Act, Police Station Didarganj, District Azamgarh, during pendency of
trial.
4. At the very outset, learned A.G.A. has submitted that the criminal history
assigned to the applicant has not been properly explained, as the bail orders
in three cases, i.e. (i) Case Crime No.9/2022, under Section 11 of Prevention
of Cruelty to Animals Act & Section 411 I.P.C., Police Station Zafarabad,
District Jaunpur, (ii) Case Crime No.12/2022, under Section 379/411 I.P.C.,
Police Station Jalalpur, District Jaunpur and (iii) Case Crime No.114/2026,
under Section 303(2) BNS, Police Station Saraimir, District Azamgarh, have
not been appended to the affidavit filed with bail application.
5. Learned A.G.A. has also highlighted that as far as Case Crime No.61 of
2023, under Section 3(1) of UP Gangster Act, Police Station Maharajganj,
District Jaunpur is concerned, the rejection order has been appended instead
of filing the order granting bail to the applicant. As such, the applicant is not
entitled to bail.
BAIL No. 33280 of 2026
2
6. In rebuttal, learned counsel for the applicant has submitted that the
criminal history assigned to the applicant has been explained in para-15 of
the affidavit filed with bail application.
7. Considering the submissions advanced by learned counsel for the parties
and the material available on record, this Court finds that, the criminal
history assigned to the applicant has not been properly explained.
Accordingly, this Court is not satisfied that the applicant has made out a case
for grant of bail.
8. The bail application is, accordingly, rejected.
9. However, it is directed that the aforesaid case pending before the trial
court shall be decided expeditiously, in accordance with law, without
granting unnecessary adjournments to either party, if there is no legal
impediment.
10. It is clarified that the observations made herein are confined to the
consideration of the present bail application and shall not affect the merits of
the case during trial.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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