Allahabad High Court
ABDUL RAHMAN @ JASIMversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Abdul Rahman @ Jasim, who was in custody for offences under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence and cited that a co‑accused in similar circumstances had already been granted bail. The State opposed bail but did not dispute the applicant's claim of innocence. The Court examined the nature of the accusations, the severity of potential punishment, and the risk of evidence tampering, concluding that a case for bail existed despite the prima facie case. Consequently, the Court ordered the release of the applicant on bail subject to personal bond, sureties, and conditions to prevent tampering, intimidation, and further criminal activity.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and risk of tampering with evidence
- Whether the presence of a prima facie case and seriousness of the charges justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11640 of 2026
Abdul Rahman @ Jasim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Baikunth Nath Singh, Manish Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA
for the State-Respondent and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of the accused-applicant seeking
enlargement on bail in Case Crime No. 690 of 2025, under Sections 316(5),
318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Nagar,
District Banda.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 23.05.2025. Learned counsel for the applicant
submits that similarly circumstanced co-accused Sheebu has already been
enlarged on bail by the Co-ordinate Bench of this Court vide order dated
16.04.2026 in Criminal Misc. Bail Application No. 10137 of 2026. He
submits that the applicant has criminal antecedents of five other cases to his
credit which has been explained in the supplementary affidavit. He further
submits that there is no likelihood of his fleeing from course of justice or
tampering with evidence in case of release on bail. Hence, bail has been
prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
BAIL No. 11640 of 2026
2
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Abdul Rahman @ Jasim, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
May 6, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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