Allahabad High Court
SHAHNAWAJ @ SERAJversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Shahnawaj @ Seraj, who was arrested under Sections 3, 25 and 27 of the Arms Act in connection with Crime No. 165 of 2025. The applicant claimed innocence, alleged false implication, and argued lack of credible evidence, while the State opposed bail. After reviewing the nature of the offence, the evidence and the applicant’s criminal history, the Court, without expressing a view on the merits, decided that the applicant was entitled to bail. The Court ordered his release on personal bond with two sureties, subject to conditions of attending trial, not tampering with witnesses and not engaging in illegal activity. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to an accused under Sections 3, 25 and 27 of the Arms Act pending trial
Legislation cited
- Arms Act — s. 25, 27, 3
Subjects
- bail
- Arms Act
- Section 3
- Section 25
- Section 27
- criminal procedure
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43661 of 2025
Shahnawaj @ Seraj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Prakash Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 165 of 2025, under Sections 3/25/27 Arms Act,
Police Station- Belhar Kalan, District- Sant Kabir Nagar, during
pendency of the trial in the court below.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicant has not
committed any offence as alleged by prosecution and he has been arrested
from his house and only to show good work, police has shown the alleged
recovery from his possession. It is next submitted that there is no credible
evidence against the applicant to show his involvement in the matter. It is
next submitted that criminal history of the applicant has been duly
explained in the supplementary affidavit dated 06.05.2026 and he is
languishing in jail since 02.07.2025, therefore, he may be enlarged on bail
during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties; without expressing any opinion on the merits of the case,
this Court is of the view that the applicant is entitled to be enlarged on
BAIL No. 43661 of 2025
2
bail during the pendency of the trial.
Let applicant, Shahnawaj @ Seraj be released on bail in the aforesaid
case on his executing a personal bond and furnishing two sureties each in
the like amount to the satisfaction of the court concerned subject to the
following conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
May 14, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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