Allahabad High Court
RAHUL PANDEY ALIAS MAYANK PANDEYversusSTATE OF U.P.
- Decided
Holding
The court found the matter a fit case for bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rahul Pandey alias Mayank Pandey, who was arrested in Crime No. 805 of 2025 under Sections 2(b)(i), 2(b)(xi) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that he was falsely implicated, was already on bail in two related cases and ten other matters, and had been in custody since 16‑02‑2026. The State opposed the bail, citing the seriousness of the offences and the risk of tampering with evidence or intimidation of witnesses. After reviewing the record, the judge held that the facts and circumstances made the case suitable for bail, without expressing any view on the merits. Accordingly, the court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing conditions such as non‑interference with witnesses, attendance at key trial dates, and no adjournment requests, and warned that breach would lead to cancellation.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences punishable under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant's multiple pending cases and alleged innocence justify release on bail.
- Whether the risk of witness tampering or evidence interference warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(i), 2(b)(xi), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- witness protection
- sureties
- trial attendance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10491 of 2026
Rahul Pandey Alias Mayank Pandey
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin Kumar Tripathi
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 Bipin Kumar Tripathi, learned counsel for the applicant and
Shri B.P. Maurya, 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. 805 of 2025, under Sections
2(b)(i), 2(b)(xi) and 3(1) of U.P. Gangster and Anti Social Activities
(Prevention) Act, registered at Police Station Khalilabad, District Sant Kabir
Nagar, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in both the cases that have been shown
against him in the gang chart, apart from the above, the applicant is also on
bail in 10 other cases. The applicant is languishing in jail since 16.02.2026,
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. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, the applicant is also on bail in 10 other
cases. The applicant is languishing in jail since 16.02.2026.
BAIL No. 10491 of 2026
2
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- Rahul Pandey Alias Mayank Pandey 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
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.
April 20, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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