Allahabad High Court
ANUSUIYA DEVIversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant, subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Anusuiya Devi, who was arrested in a case registered under several provisions of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that she was already on bail in other related cases, and argued that the trial was likely to be delayed. The State opposed the bail, but the court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail. The court ordered her release on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order clarified that it does not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under the U.P. Gangster and Anti‑Social Activities (Prevention) Act pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(1), 2(b)(iv), 2(b)(viii), 2(b)(xi), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster Act
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10495 of 2026
Anusuiya Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pramod Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Pramod Kumar, learned counsel for the applicant and Shri
O.P. Singh, 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. 357 of 2025, under Sections
2(b)(1), 2(b)(iv), 2(b) (viii), 2(b)(xi) and 3(1) of U.P. Gangster and Anti
Social Activities (Prevention) Act, registered at Police Station Shahpur,
District Gorakhpur, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant
is innocent and she 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, there is no other cases
registered against him. The applicant is languishing in jail since 06.01.2026,
undertakes that s
she 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. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, there is no other cases registered
against him. The applicant is languishing in jail since 06.01.2026.
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
BAIL No. 10495 of 2026
2
it to be a fit case for bail. Hence, the present bail application is allowed.
7. Let the applicant- Anusuiya Devi involved in the aforesaid case crime
shall be released on bail on her 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 she 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.
April 20, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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