Allahabad High Court
BAFADARversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail in the present case.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Bafadar who is charged under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that he is innocent, has been falsely implicated, and is already on bail in three other related cases, having been in custody since 28‑11‑2025. The State opposed the bail, but the court, after reviewing the record and the totality of facts, found the case suitable for bail without expressing any view on the merits. The court ordered release on a personal bond of Rs. 50,000 with two sureties, imposing conditions such as non‑interference with witnesses and mandatory presence at trial dates. The order clarified that it is limited to the bail application and does not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s claim of innocence, prior bail status in related cases, and the pendency of trial justify the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster Act
- Section 483
- Section 351
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11028 of 2026
Bafadar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajai Kumar, Mahendra Kumar Maurya,
Manvendra Singh
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 Manvendra Singh, 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. 1269 of 2011, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Alapur, District Budaun, 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 all the three cases that have been
shown against him in the gang chart, apart from the above, the applicant has
explained his criminal history of cases registered against him in Delhi and in
the State of U.P. The applicant is languishing in jail since 28.11.2025,
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 all the three cases that have been shown against
him in the gang chart, apart from the above, the applicant has explained his
BAIL No. 11028 of 2026
2
criminal history of cases registered against him in Delhi and in the State of
U.P. The applicant is languishing in jail since 28.11.2025.
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- Bafadar 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.
May 7, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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