Arif vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko — Allahabad HC (2025) — LawSathi Research

Arif vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Arif on bail in F.I.R./Case Crime No.0308 of 2025 on furnishing a personal bond and two reliable sureties of the like amount, subject to the additional conditions imposed by the court (attendance before the trial court including on charge-framing and Section 313 Cr.P.C. dates, no tampering with witnesses, no illegal activities, bail cancellable on breach).

Issue for consideration

Whether the applicant, who is involved in F.I.R./Case Crime No.0308 of 2025 under Sections 109(1) of BNS, 2023 and 3/25 and 27(1) of Arms Act, Police Station-Sandila, District-Hardoi, should be released on bail.

Court's answer

Considering the facts and circumstances of the case, the record, the nature of allegations and the arguments advanced, and without expressing any opinion on the merit of the case, the court found it to be a fit case for granting bail.

Ratio / Principle

Applicant Arif is to be released on bail in the aforesaid F.I.R./case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to additional conditions imposed in the interest of justice.

Key takeaways

As conditions of bail, the applicant must remain present before the trial court on each date fixed and, in person, on the dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; deliberate or unexcused absence may be treated as abuse of the liberty of bail and proceeded against in accordance with law (with possible action under Section 229-A of the Indian Penal Code), the applicant must not tamper with prosecution witnesses, must not indulge in illegal activities during bail, and on breach of any condition the trial court may cancel the bail.ratio¶¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), single judge (Hon'ble Brij Raj Singh, J.), allowed Criminal Misc. Bail Application No. 11380 of 2025 filed by Arif, involved in F.I.R./Case Crime No.0308 of 2025 under Sections 109(1) of BNS, 2023 and 3/25 and 27(1) of Arms Act, Police Station-Sandila, District-Hardoi. The allegation was of firing on a police party in which there was no injury; counsel stated that three Arms Act cases were shown against the applicant including the present one, with bail already granted in the other two, and that the applicant was in jail since 15.8.2025; the learned A.G.A. opposed the prayer but did not dispute these contentions. Without expressing any opinion on the merits, the court found it a fit case for bail and ordered release on a personal bond and two reliable sureties of the like amount, imposing conditions: presence before the trial court on every date and in person at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C. (default actionable under Section 229-A of the Indian Penal Code and as abuse of bail liberty), no tampering with prosecution witnesses, no illegal activities while on bail, and liberty to the trial court to cancel bail on breach of any condition.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11380 of 2025

Arif

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko

.....Opposite Party(s)

Counsel for Applicant(s) : Permeshwar Dutt Tewari, Vijay Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant, who is involved in F.I.R./Case Crime No.0308 of 2025, under Sections 109(1) of BNS, 2023 and 3/25 and 27(1) of Arms Act, Police Station-Sandila, District-Hardoi.

It has been submitted by learned counsel for the applicant that it is a case of firing on the police party where there is no injury. He submit that the applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that three cases under the Arms Act have been shown against the applicant including the present case, and in other two cases, the applicant has already been granted bail. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 15.8.2025.

Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant.

Considering the facts and circumstances of the case, perusing the record

BAIL No. 11380 of 2025

2

and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant- Arif be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

(1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(3) The applicant will not tamper with the prosecution witnesses.

(4) The applicant will not indulge in any illegal activities during the period of bail.

(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.

(Brij Raj Singh,J.)

December 1, 2025

Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench