Allahabad High Court
AJAY PRATAP SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court allowed the bail application, granting bail without touching upon the merits of the case.
Summary
The accused, Ajay Pratap Singh, applied for bail in a case under Sections 109 of the IPC and Sections 3, 25(1‑B)(a) and 27 of the Arms Act, arising from a police encounter on 13‑03‑2026 where a country‑made pistol was recovered. The applicant argued that the recovery was made without any independent witness and that no police officer was injured, while he himself sustained two gunshot wounds; he also highlighted his pending criminal history of seven cases. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, noted the lack of independent witnesses and the absence of injury to police, and held that these factors entitled the applicant to bail. Accordingly, the bail application was allowed without addressing the merits of the case, subject to a personal bond and two sureties, following the Supreme Court’s dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re.
Issues considered
- Whether bail should be granted in an Arms Act case where the recovery of the weapon was made without independent witnesses and no police injury occurred.
- Whether the applicant's extensive criminal history precludes the grant of bail.
- Whether the Supreme Court’s observations in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in Re are applicable to the present bail application.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)(a), 27, 3
- Indian Penal Code — s. 109
Subjects
- bail
- Arms Act
- independent witness
- no injury
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35075 of 2026
Ajay Pratap Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Raj Singh, Diwakar Vikram
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Abhay Raj Singh, learned counsel for accused applicant and
learned A.G.A. for State.
1A. Learned counsel for the applicant hands up the supplementary
affidavit explaining the criminal history, the same is taken on record.
2. The present bail application has been moved by the applicant/ accused-
Ajay Pratap Singh to enlarge him on bail in Case Crime No. 49 of 2026,
under Sections 109 BNS and Section 3/25(1-B)a/27 Arms Act, P.S.-
Musajhag, District- Budaun, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been implicated in the FIR dated 13.03.2026 lodged by the
police against the accused/applicant in police encounter case, wherein the
countrymade pistol has been recovered. It is further contended that arrest
and recovery has been made in absence of independent witness. There is
no police personnel suffered injury in the incident on the contrary the
accused/applicant suffered two gun shot injuries on his leg. It is further
contended that there is criminal history of seven cases, out of which in
five cases, he is on bail and in two cases he is in jail. The charge sheet is
submitted. The accused applicant is languishing in jail since 13.03.2026.
He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
BAIL No. 35075 of 2026
2
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the recovery has been made in absence of independent
witness and it is no injury case, the accused/applicant is entitled to be
released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
October 1, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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