Allahabad High Court
ABHISHEK SHARMAversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and granted it to the applicant under the conditions specified.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Abhishek Sharma, who was arrested in Crime No. 4 of 2024 under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed false implication and highlighted that he was already on bail in another gang‑related case and faced a separate charge‑sheeted case. The State opposed the bail, but the court examined the nature of the allegations, the applicant's custody since 28‑Oct‑2023, and the provisions of Section 19(4) of the GAAPA. Without expressing any view on the merits, the court found the circumstances suitable for bail. Consequently, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties and imposed specific conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail can be granted to an accused under the Uttar Pradesh GAAPA in a case pending trial under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the applicant's prior bail in a related case and the existence of another charge‑sheeted case affect the grant of bail.
- Whether the provisions of Section 19(4) of the GAAPA justify the release of the accused on bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. GAAPA
- false implication
- Section 19(4)
- Section 483
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11201 of 2026
Abhishek Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ashish Tyagi, Kapil Tyagi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashish Tyagi, learned counsel for the applicant, Sri B.P. Maurya, 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. 4 of 2024 under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Parikshitgarh, District Meerut 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 28.10.2023. 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, there is one other case lodged against him in
which chargesheet has been filed and name of the application is not mentioned in the
same. 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 this, one other case is lodged against him in which chargesheet has been
filed and name of the application is not mentioned in the same.
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 Abhishek Sharma involved in the aforesaid case crime be
released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties
BAIL No. 11201 of 2026
2
each in the 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…