Allahabad High Court
PAVAN BIND @ GOLU BINDversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court allowed the bail application, granting bail to the applicant.
Summary
The applicant, Pavan Bind, sought bail in a criminal case (Crime No. 299 of 2025) involving alleged violations of Section 317 of the Code of Criminal Procedure and Sections 3, 25 and 27 of the Arms Act. He claimed the charges were false and based on a planted recovery, arguing that his prolonged pre‑trial detention of over eight months was unjust. The State opposed bail but did not contest the factual allegations raised by the applicant. After reviewing the record, the High Court held that the applicant was entitled to bail, without expressing any view on the merits of the underlying offence. The court ordered his release on personal bond and two sureties, subject to conditions of appearance, non‑interference with evidence, and abstaining from criminal activity, and clarified that the order is limited to the bail application.
Issues considered
- Whether bail should be granted to the accused under Section 317 CrPC and the Arms Act provisions given the alleged false accusation and prior criminal history.
- Whether the applicant's prolonged pre‑trial detention justifies granting bail.
Legislation cited
- Arms Act, 1959 — s. 25, 27, 3
- Code of Criminal Procedure, 1973 — s. 317
Subjects
- bail
- Arms Act
- false accusation
- pre‑trial detention
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5622 of 2026
Pavan Bind @ Golu Bind
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kusum Mishra, Mithilesh Kumar
Pandey
Counsel for Opposite Party(s) :
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and learned AGA for the State-
respondent.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 299 of 2025, under Section 317 BNS and 3/25/27
Arms Act, Police Station- Kotwali Dehat, District- Mirzapur, during
pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that applicant has been falsely
made accused in the present matter on basis of fake and planted recovery. He
further submitted that it is a police party firing no injury case. He further
submitted that actually applicant was having criminal history of several
cases and only due to his previous criminal history, he has been made
accused in the present matter. It is next submitted that criminal history of the
applicant has been explained in the affidavit and supplementary affidavit
filed in support of the instant bail application.
4. He further submitted that applicant is in jail in the present matter since
15.07.2025 i.e. for last more than 8 months.
5. Per contra, learned AGA opposed the prayer for bail but could not dispute
the other argument on facts advanced by learned counsel for the applicant.
6. I have heard learned counsel for the parties and perused the record of the
BAIL No. 5622 of 2026
2
case.
7. Considering the facts and circumstances of the case discussed above and
evidence available on record, in my view applicant is entitled to be released
on bail.
8. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
9. Let the applicant- Pavan Bind @ Golu Bind 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 the court concerned with the following
conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
10. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
11. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Jai Prakash Tiwari,J.)
May 7, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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