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Allahabad High Court

HASNAVIversusSTATE OF U.P.

Decided

Holding

The court held that the applicant had made out a prima facie case for bail and therefore granted bail.

Summary

The applicant, Hasnavi, sought bail in an arms case (Crime No. 05 of 2025) under Sections 109 BNS, 3/25(1‑B)(a) and 27 of the Arms Act, alleging that he was injured in police cross‑fire. The State opposed the bail. The court examined the applicant's criminal history, which was explained, and noted that bail cannot be denied solely on past antecedents. Considering the facts, the nature of the incident, and the lack of any merit‑based opinion, the court found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.

Issues considered

  • Whether bail should be granted to the accused in an Arms Act case despite his criminal antecedents

Legislation cited

  • Arms Act — s. 27
  • Section 109 BNS
  • Section 3/25(1‑B)(a)

Subjects

  • bail
  • Arms Act
  • criminal antecedents
  • police firing
  • cross‑fire injury
  • sureties
  • evidence tampering

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 33570 of 2026

Hasnavi
                                                               .....Applicant(s)
                                     Versus

State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                         :    Mahendra Singh
Counsel for Opposite Party(s)                    :    G.A.

Court No. - 68
(Sl. No. 52 out of 131)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Mahendra Singh, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No. 05 of 2025, under Sections 109
BNS and 3/25(1-B)(a), 27 Arms Act, Police Station Kunwar Gaon, District
Budaun, during the pendency of trial.

4. The criminal history assigned to the applicant has been explained.

5. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.

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 it is a police party firing no injury case and rather
the applicant sustained gunshot injuries in the cross firing done 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.
                                                                                               BAIL No. 33570 of 2026
                                                                     2


                                    7. Let the applicant- Hasnavi, who is involved in aforementioned case crime
                                    be released on bail on his furnishing a personal bond and two sureties each
                                    in the like amount to the satisfaction of the court concerned subject to
                                    verification of sureties, with the condition that he shall not tamper with
                                    evidence or intimidate witnesses and shall appear before the trial court as
                                    required.

                                    8. Breach of any of the above condition shall entail cancellation of bail. The
                                    observation herein shall not affect the trial on merits.



                                                                                               (Krishan Pahal,J.)
                                    September 21, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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