Allahabad High Court
NITIN BABUversusSTATE OF U.P.
- Decided
Holding
The Court held that the circumstances warranted the grant of bail, deeming the case fit for release on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Nitin Babu, who was arrested in a case involving alleged offences under Sections 318(4), 336(3), 338, 340(2), 3(5) of the same Act and Section 13 of the Public Gambling Act. The applicant claimed innocence, alleged false implication, and pointed out that several co‑accused had already been granted bail. The State opposed the bail, arguing that the applicant’s role was indistinguishable from the co‑accused and that material evidence (cheque books, mobile phones, cash) had been recovered from him. The Court, after reviewing the record and noting the lack of any complaint of cyber fraud and the prolonged pre‑trial detention, found the case suitable for bail without expressing an opinion on the merits. Consequently, the bail application was allowed subject to a personal bond of Rs. 50,000 and specific conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in the pending criminal case
- The relevance of the applicant’s alleged involvement compared to co‑accused who have already been released on bail
- Whether the existence of recovered material evidence and the nature of the offences preclude bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 318(4), 336(3), 338, 340(2), 3(5), 351
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Public Gambling Act — s. 13
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Public Gambling Act
- pre‑trial detention
- conditions of bail
- Section 483
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10477 of 2026
Nitin Babu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Garun Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Garun Pal Singh, learned counsel for the applicant, and Shri
B.P.Maurya, learned AGA for the State-respondents and perused the
record.
2. 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.894 of 2025, under
Sections 318(4). 336(3), 338, 340(2), 3(5) of B.N.S. and Section 13 of
Public Gambling Act, registered at Police Station Bisrakh, District
Gautam Budh Nagar, during pendency of the trial.
3. 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 co-accused Ansh Kumar
Verma, Chirag Jain, Ankit Singh and Harshit Verma have already been
granted bail by this Court vide orders dated 26.03.2026, 26.03.2026,
26.03.2026 and 09.04.2026 passed in Criminal Misc. Bail Application
Nos.9435 of 2026, 10382 of 2026, 10400 of 2026 and 10377 of 2026. It is
further submitted that two co-accused, namely, Pratham Mishra and Smt.
Kirti have also been granted bail by the Co-ordinate Bench of this Court.
It is further submitted that as per first information report, two cheque
books, three mobile phones and Rs.7000/- are said to have been recovered
from the possession of the applicant and no individual has made any
complaint regarding commission of cyber fraud. It is further submitted
that the applicant is languishing in jail since 14.11.2025, undertakes that
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2
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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Ansh Kumar Verma, Chirag Jain, Ankit Singh and Harshit
Verma have already been granted bail by this Court vide orders dated
26.03.2026, 26.03.2026, 26.03.2026 and 09.04.2026 passed in Criminal
Misc. Bail Application Nos.9435 of 2026, 10382 of 2026, 10400 of 2026
and 10377 of 2026. It is further submitted that two co-accused, namely,
Pratham Mishra and Smt. Kirti have also been granted bail by the Co-
ordinate Bench of this Court and the role of the applicant is not
distinguishable from the role of the above co-accused persons. As per first
information report, two cheque books, three mobile phones and Rs.7000/-
are said to have been recovered from the possession of the applicant and
no individual has made any complaint regarding commission of cyber
fraud. It is further submitted that the applicant is languishing in jail since
14.11.2025.
6. 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.
7. Let the applicant- Nitin Babu 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.
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3
(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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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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