Allahabad High Court
JAKIR HUSSAINversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to 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 Jakir Hussain, who was arrested in a case under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed false implication and highlighted that he was already on bail in another related case and had secured bail in a conviction case from an appellate court. The State opposed the bail, but the court, after reviewing the record and invoking Section 19(4) of the GAAPA, found the circumstances suitable for bail without commenting on the merits. The court ordered his release on a personal bond of Rs. 50,000 with two sureties and imposed conditions to prevent witness tampering and ensure his presence at trial stages. The order clarified that it was limited to the bail application and did not affect the trial court’s independent assessment of the case.
Issues considered
- Whether bail can be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case instituted under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the provisions of Section 19(4) of the GAAPA permit the grant of bail in the present circumstances.
- Whether the applicant’s prior bail in related matters and claim of false implication affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 3(1)
Subjects
- bail
- criminal procedure
- GAAPA
- false implication
- Section 483 B.N.S.S.
- Section 19(4) GAAPA
- witness tampering
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10553 of 2026
Jakir Hussain
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajesh Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajesh Pratap Singh, learned counsel for the applicant, Sri 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. 190 of 2022 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Chiryakot, District Mau
during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 23.5.2022. It is
further submitted that applicant is on bail in the solitary case shown against him in the
gang chart and apart from the above, one other case is lodged against him in which he
has been convicted and has been granted bail by the Appellate Court. It is further
submitted that the applicant 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 grant of bail to the applicant.
5. Applicant is on bail in the solitary case shown against him in the gang chart and
apart from the above, one other case is lodged against him in which he has been
convicted and has been granted bail by the Appellate Court.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and also taking into consideration the provision of Section 19(4) of the Act 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 Jakir Hussain involved in the aforesaid case crime be released on
bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the
BAIL No. 10553 of 2026
2
like amount to the satisfaction of the Court concerned with the following conditions :-
(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.
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
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
Checking your session…