Allahabad High Court
TAVISH RAZAversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
Bail was denied as the evidence indicated the applicant’s culpability in the grievous firearm assault.
Summary
The High Court of Allahabad considered a bail application filed by Tavish Raza, who is charged under Section 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 25 and 27 of the Arms Act, 1959 for allegedly shooting Arman Sonu during a dispute over a marriage. The applicant contended that he was falsely implicated and had no criminal antecedents, while the State produced a discharge summary showing grievous firearm injuries, including a neck wound, hand injuries and a hemopneumothorax. The court examined the medical evidence and the factual matrix, concluding that the applicant deliberately opened fire, causing serious injuries. Finding no compelling reason to grant bail and noting the seriousness of the offence, the court rejected the bail plea. The observations were limited to the bail application and do not determine the merits of the underlying criminal case.
Issues considered
- The appropriateness of granting bail to the accused under Section 109 of the Bharatiya Nyaya Sanhita and the Arms Act given the seriousness of the alleged firearm injuries.
- Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing the investigation.
- Whether the allegations against the applicant are false and merit a bail grant.
Legislation cited
- Arms Act, 1959 — s. 25, 27, 3
- Bharatiya Nyaya Sanhita, 2023 — s. 109
Subjects
- bail
- criminal procedure
- Arms Act
- grievous injury
- false implication
- marriage dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7178 of 2026
Tavish Raza
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Hasham, Syed Faiz Hasnain
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-applicant/
Tavish Raza, for grant of bail, in Case Crime No. 504 of 2025, under
Section 109 of Bharatiya Nyaya Sanhita, 2023 and Sections 3/ 25/ 27 of the
Arms Act, 1959, Police Station Didauli, District Amorha, during pendency
of trial.
3. Learned counsel for accused-applicant, while pressing the bail application,
submits that, the accused-applicant has been falsely implicated in the instant
case and has not committed any offence, as alleged by the prosecution. It is
further submitted by learned counsel for the applicant that, allegations of
causing firearm injuries to the injured have been levelled against the
applicant in the first information report of this case, while the injured has
visited the house of the applicant on 8.11.2025, for having some
conversation with regard to solemnize marriage of his sister with the
applicant. However, it is claimed by the applicant that, sister of the injured
was married to the applicant way back on 15.9.2025, about two months prior
to the alleged incident, as per Muslim rites and rituals, therefore, the entire
prosecution story is false, baseless, concocted and fabricated. Learned
counsel for the applicant further submits that, the accused-applicant is
languishing in jail in this matter, since 29.11.2025, without having any
criminal antecedents and there is no likelihood that, the accused-applicant,
after release on bail, may flee from the process of law or will misuse the
liberty of bail.
4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail
of the applicant on the ground that, as per discharge summary of the injured,
he was got admitted in the hospital on 8.11.2025 and got discharged on
BAIL No. 7178 of 2026
2
20.11.2025, which shows that, injuries caused to the injured are grievous in
nature and his treatment was going on for about 12 days. Learned AGA
further submits that, discharge summary of the injured also shows firearm
injury on neck, left hand with right sided hemopneumothorax with
metallic density (Bullet) in right hypochondrium; lacerated wound over
mid anterior neck 1x1 cm, lacerated wound over dorsal side left hand
1x1 cm at root of middle finger; lacerated wound 1x1 cm over left palm
at root of thumb of the injured, therefore, having regard to the manner, in
which the crime has been committed, the applicant is not entitled to be
released on bail.
5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, the injured Arman Sonu has visited the house of
the accused- applicant for the purpose of seeking clarifications from the
accused- applicant, as to whether he still intends to marry his sister or not; if
not, then the accused- applicant shall discontinue making any conversations
or meetings with the sister of the injured Arman. However, the said
conversation regarding the status of marriage was not liked by the applicant
and the applicant in retaliation, shot fire upon the injured, who sustained
firearm injury on neck, left hand with right sided hemopneumothorax
with metallic density (Bullet) in right hypochondrium; lacerated wound
over mid anterior neck 1x1 cm, lacerated wound over dorsal side left
hand 1x1 cm at root of middle finger; lacerated wound 1x1 cm over left
palm at root of thumb. The applicant without considering the fact that, the
applicant is likely to marry the sister of the injured, has opened fire, resulting
in grievous injuries to the injured and the act is not pardonable or no
sympathy could be given to any such person, as accused- applicant. Thus,
having regard to the evidence available on record against the applicant and
his complicity in the crime, I do not find any good ground to release the
applicant on bail. Hence, the bail application moved on behalf of applicant -
Tavish Raza is hereby rejected.
6. Observations made herein-above by this court are only for the purpose of
disposal of this bail application and shall not be construed as an expression
of this Court on the merits of the case.
April 23, 2026
Gurpreet Singh
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
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