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2026 DAILYLAW 2370 (ALL)

NAMIT v. STATE OF U.P.

BAIL/14276/2026 · 2026-05-05

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14276 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Ghan Shyam, learned counsel for the applicant, Sri Uma Shankar Mishra, learned AGA for the State-respondents and perused the record. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 55 of 2026 under Sections 3/5/25 Arms Act, registered at Police Station Bhoganipur, District Kanpur Dehat during pendency of the trial. 4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 14.2.2026. It is further submitted that five country made pistols and some instruments related to manufacturing of arms are said to have been recovered from a place and applicant is said to have been arrested from his house. It is further submitted that nothing has been recovered from conscious possession of the applicant and his criminal history has been explained in the supplementary affidavit filed today. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that applicant is habitual offender of offences relating to Arms Act. 6. Five country made pistols and some instruments related to manufacturing of arms are said to have been recovered from a place and applicant is said to have been arrested from his house. Criminal history of the applicant has been explained in the supplementary affidavit filed today and he is in jail since 14.2.2026. Versus Counsel for Applicant(s) : Ghan Shyam Counsel for Opposite Party(s) : G.A. Namit .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Namit involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) 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 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 Madhurima BAIL No. 14276 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad