Allahabad High Court
AKHILversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted to the applicant under the applicable statutory provisions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Akhil, who was arrested in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. Akhil claimed he was falsely implicated and had been in custody since 17 February 2024, while already being on bail in several other matters. The State opposed the bail, but the Court examined the nature of the offence, the evidence on record, and the provisions of Section 19(4) of the GAAPA Act. Without expressing any view on the merits, the Court found the circumstances sufficient to grant bail. Accordingly, the Court ordered release on a personal bond of Rs. 50,000 with two sureties and imposed specific conditions to prevent tampering with evidence or intimidation of witnesses. The order clarified that it was limited to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether Section 19(4) of the GAAPA Act permits bail despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 2, 3
Subjects
- bail
- criminal procedure
- GAAPA
- B.N.S.S.
- Section 19(4)
- false implication
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11194 of 2026
Akhil
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ramesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ramesh Kumar, learned counsel for the applicant, Sri Manoj Gautam,
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. 1368 of 2025 under Section 2/3 of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Kotwali Lalitpur, District
Lalitpur 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 17.2.2024. 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, he is also on bail in three other cases lodged
against him and in one case, his bail application is pending. 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, he is also on bail in three other cases lodged against him and in
one case, his bail application is pending.
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 Akhil 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 like
BAIL No. 11194 of 2026
2
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
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