Allahabad High Court
BAIL/35075/2026 of AJAY PRATAP SINGH Vs STATE OF U.P. on 30 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35075 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Abhay Raj Singh, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35075 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Abhay Raj Singh, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit explaining the criminal history, the same is taken on record.
2. The present bail application has been moved by the applicant/ accused- Ajay Pratap Singh to enlarge him on bail in Case Crime No. 49 of 2026, under Sections 109 BNS and Section 3/25(1-B)a/27 Arms Act, P.S.- Musajhag, District- Budaun, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused applicant has been implicated in the FIR dated 13.03.2026 lodged by the police against the accused/applicant in police encounter case, wherein the countrymade pistol has been recovered. It is further contended that arrest and recovery has been made in absence of independent witness. There is no police personnel suffered injury in the incident on the contrary the accused/applicant suffered two gun shot injuries on his leg. It is further contended that there is criminal history of seven cases, out of which in five cases, he is on bail and in two cases he is in jail. The charge sheet is submitted. The accused applicant is languishing in jail since 13.03.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have Versus Counsel for Applicant(s) : Abhay Raj Singh, Diwakar Vikram Singh Counsel for Opposite Party(s) : G.A. Ajay Pratap Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.
6. Considering the recovery has been made in absence of independent witness and it is no injury case, the accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is allowed.
8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 1, 2026 Abhishek Sri. BAIL No. 35075 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad