Allahabad High Court
SANJEEVversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the accused with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Sanjeev, who was charged with multiple offences including Sections 191(2), 190, 121, 132, 221, 109 of the B.N.S. and Section 7 of the Criminal Law Amendment Act. The applicant claimed innocence, argued that he was falsely implicated, and highlighted that a co‑accused, Deepak Kumar, had already been granted bail. The court noted that the FIR named many participants, no specific role was assigned to Sanjeev, and that his injuries were minor, though he has a history of 12 prior cases. After weighing the facts, the seriousness of the charges, and the applicant’s undertaking, the court found the case suitable for bail. Consequently, the bail was granted subject to a personal bond of Rs. 50,000 with two sureties and several conditions regarding non‑interference with witnesses and trial attendance.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges and his prior criminal history
- Whether the lack of a specific role assigned to the accused in the FIR justifies bail
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Law Amendment Act
- prior criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10470 of 2026
Sanjeev
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jalaj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on
record.
2. Heard Shri Jalaj Singh, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, 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.27 of 2026, under
Sections 191(2), 190, 121, 132, 221, 109 of B.N.S. and Section 7 of
Criminal Law Amendment Act, registered at Police Station Bithri
Chainpur, District Bareilly, during pendency of the trial.
4. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that similarly placed co-accused
Deepak Kuamr has already been granted bail by this Court vide order
dated 10.04.2026 passed in Criminal Misc. Bail Application No.7858 of
2026. It is further submitted that as per first information report, 12 named
and 15-20 unknown persons are said to have assaulted the first informant
side, as a result of which, three policemen are said to have received
injuries, however, their injuries have been found to be simple in nature. It
is further submitted that no specific role has been assigned to the
applicant. It is further submitted that the applicant is languishing in jail
BAIL No. 10470 of 2026
2
since 23.01.2026 and the applicant is having criminal history of 12 cases,
which has been explained in the supplementary affidavit filed today,
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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
6. Co-accused Deepak Kuamr has already been granted bail by this Court
vide order dated 10.04.2026 passed in Criminal Misc. Bail Application
No.7858 of 2026. As per first information report, 12 named and 15-20
unknown persons are said to have assaulted the first informant side, as a
result of which, three policemen are said to have received injuries,
however, their injuries have been found to be simple in nature. No
specific role has been assigned to the applicant and the applicant is
languishing in jail since 23.01.2026 and the applicant is having criminal
history of 12 cases, which has been explained in the supplementary
affidavit filed today.
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- Sanjeev involved in the aforesaid case crime shall 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 :-
(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
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3
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.
(Jitendra Kumar Sinha,J.)
April 20, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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