Allahabad High Court
RAGHVENDRA PRATAP SINGH ALIAS GHURAN SINGHversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Raghvendra Pratap Singh alias Ghuran Singh in a case (Crime No.235 of 2025) involving alleged firing on a police party under Section 109 of the BNS Act and Sections 3, 7, 25 and 27 of the Arms Act, which correspond to Section 307 of the IPC. The applicant admitted that he and a co‑accused opened fire but no police officer was injured. The court noted that the applicant has three other criminal cases pending, two relating to the Cow Slaughter Act (for which he is on bail) and one murder case (Section 103 BNS) from which bail has not been granted. Despite the prior criminal history and the allegation of false implication, the court found no injury to police and considered the six‑month pre‑trial detention excessive. Consequently, the court held that the applicant is entitled to bail, subject to a personal bond, two sureties and conditions restricting tampering with evidence, inducement, and further criminal activity. The order expressly refrains from commenting on the merits of the trial case.
Issues considered
- Whether the applicant’s prior criminal history, including a pending murder case, warrants denial of bail in the present Arms Act case.
- Whether the fact that no police personnel were injured despite the alleged firing affects the bail decision.
- Whether the allegations of false implication by the police influence the grant of bail.
Legislation cited
- Arms Act — s. 25, 27, 3, 7
- BNS — s. 109
- Indian Penal Code — s. 307
Subjects
- bail
- murder
- Arms Act
- BNS Act
- prior criminal history
- false implication
- pre‑trial detention
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7620 of 2026
Raghvendra Pratap Singh Alias Ghuran Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishi Kant Rai, Sudhir Kumar
Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Prakash Rai, learned Advocate, holding brief of Sri Rishi
Kant Rai, learned counsel for the applicant and Sri Manoj Kumar Singh,
learned Brief holder for the State.
2. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.235 of 2025, under Section 109 of
BNS and Section 3/7, 25, 27 of Arms Act (corresponding section 307
IPC), Police Station Gadwar, District Ballia, during pendency of the trial.
3. Learned counsel for the applicant submits, as per allegations, applicant
along with co-accused Angad Kumar opened fire upon police party but
admittedly none of the police personnel sustained injuries.
4. He next submits, apart from the present case, applicant is having
criminal history of three other cases but out of three cases, two cases
relates to Cow Slaughter Act and in both the cases, he is on bail.
5. He next submits, however, another case relates to Section 103 BNS i.e.
murder and in this case, applicant, till date, could not be released on bail
but merely on this ground considering the fact of the case, it is not proper
to withhold his bail application.
6. He next submits, as applicant has been made an accused in the murder
case, therefore, police implicated him in this case.
BAIL No. 7620 of 2026
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7. He further submits, in the present matter applicant is in jail since
12.10.2025 i.e. for the last more than six months.
8. Per contra, learned AGA opposed the prayer for bail but could not
dispute the argument on facts advanced by learned counsel for applicant.
9. I have heard learned counsel for the parties and perused the record of
the case.
10. However, as per allegation, applicant and co-accused Angad Kumar
opened fire on the police party but admittedly none of the police personal
sustained any injuries.
11. Further, however, apart from the present case, applicant is having
criminal history of three other cases including a case of murder but other
two cases relates to Cow Slaughter Act and in both the cases, he is on
bail. Considering the fact that applicant has been made accused in a
murder case, the reasons of false implication disclosed by the learned
counsel for the applicant during the course of argument, in the instant
matter , cannot be ruled out at this stage.
12. Further, in the present matter applicant is in jail since 28.12.10.2025
i.e. for the last more than six months.
13. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
15. Let the applicant -Raghvendra Pratap Singh alias Ghuran Singh 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
BAIL No. 7620 of 2026
3
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.
16. 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.
17. 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.
(Sameer Jain,J.)
April 20, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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