Allahabad High Court
IZHARversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to personal bond, sureties and specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the accused Izhar, who was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 (including 281, 125(A), 125(b), 109, 117(2), 191(2), 191(3), 352 and 324(4)). The applicant’s counsel argued that Izhar was falsely implicated, had only one explained antecedent, and posed no flight risk, citing that a co‑accused, Dileep, had already been granted bail in a similar case. The State opposed bail but could not refute the factual assertions. Weighing the seriousness of the offences, the possibility of evidence tampering, and the prima facie case, the court decided to grant bail subject to personal bond, sureties and strict conditions. The order released Izhar on bail with conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the nature of the charges and risk of tampering with evidence.
- Whether the applicant’s antecedent and the precedent of bail granted to a co‑accused affect the decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 109, 117(2), 125(A), 125(b), 191(2), 191(3), 281, 324(4), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- witness tampering
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10162 of 2026
Izhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Prabodh Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Arvind Prabodh Dubey, learned counsel for the applicant, Shri
Ajay Singh, learned AGA for the State-respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Izhar, seeking
enlargement on bail in Case Crime No. 98 of 2026, under Sections 281, 125
(A), 125 (b), 109, 117 (2), 191 (2), 191 (3), 352, 324 (4) of the Bharatiya
Nyaya Sanhita, 2023, Police Station Gulriha, District Gorakhpur.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 10.2.2026. Learned counsel for the applicant
submits that similarly circumstanced co-accused Dileep has already been
enlarged on bail by this Court on 14.5.2026 in Criminal Misc. Bail
Application No. 12687 of 2026. Applicant has one case of criminal
antecedent, which has sufficiently been explained and there is no likelihood
of his fleeing from course of justice or tampering with evidence in case of
release on bail. Hence, bail has been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
BAIL No. 10162 of 2026
2
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Izhar, involved in above mentioned case crime
number be released on bail, on his executing a personal bond and two
reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 18, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
Checking your session…