Allahabad High Court
SHIVAMversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant subject to 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 Shivam, who was arrested in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in related gang‑chart cases, and argued that the trial would be delayed. The State opposed bail, highlighting the applicant's prior criminal history involving an offence under the Arms Act. After reviewing the record, the court, without expressing an opinion on the merits, found the circumstances suitable for bail. Consequently, the court granted bail subject to a personal bond of Rs. 50,000 and several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determinations.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, considering his alleged innocence and prior bail status.
- Whether the applicant’s prior criminal history under the Arms Act warrants denial of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Uttar Pradesh Gangster Act
- Arms Act
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10518 of 2026
Shivam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Goyal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ashish Goyal, learned counsel for the applicant and Shri
Ashish Kumar Tripathi, 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. 211 of 2026, under
Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act,
registered at Police Station South, District Firozabad, during pendency of
the trial.
3. 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 the solitary case that has
been shown against him in the gang chart, apart from the above, the
applicant is also on bail in another case. The applicant is languishing in
jail since 28.02.2026, 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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that apart from the above, he
is having criminal history of one case registered against him under the
Arms Act.
BAIL No. 10518 of 2026
2
5. In reply, learned counsel for the applicant submits that the said case has
been lodged subsequent to the present case.
6. Applicant is on bail in the solitary case that has been shown against
him in the gang chart, apart from the above, the applicant is also on bail in
another case. The applicant is languishing in jail since 28.02.2026.
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- Shivam 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
BAIL No. 10518 of 2026
3
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
Checking your session…