Allahabad High Court
DHANIRAMversusSTATE 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.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the accused Dhaniram, who was charged in Crime No. 29 of 2017 under IPC sections 411, 413, 414 and 420. The applicant contended that he was falsely implicated, had previously been on bail, and that his non‑appearance leading to a non‑bailable warrant was due to counsel’s oversight, not willful evasion. The State opposed bail but did not dispute the factual background, acknowledging the seriousness of the offences and the risk of witness tampering. The Court examined the nature of the accusations, the severity of potential punishment, the applicant’s single prior criminal antecedent, and the likelihood of flight or evidence tampering. Finding that the prima facie case did not outweigh the applicant’s right to liberty and that sufficient conditions could be imposed, the Court granted bail with personal bond, sureties and strict conditions. The order directed the applicant to refrain from tampering with evidence, intimidating witnesses, or committing further offences and to appear regularly before the trial court.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite a non‑bailable warrant and prior criminal antecedent.
- Whether the seriousness of the offences (IPC 411, 413, 414, 420) and risk of tampering with evidence justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Indian Penal Code — s. 411, 413, 414, 420
Subjects
- bail
- Section 483 BNS 2023
- IPC offences
- non‑bailable warrant
- witness tampering
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11961 of 2026
Dhaniram
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Pratap Singh Chauhan, Sukhendra
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Shiv Pratap Singh Chauhan, learned counsel for the applicant,
Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused
the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Dhaniram,
seeking enlargement on bail in Case Crime No. 29 of 2017, under Sections
411, 413, 414, 420 IPC, Police Station Girar, District Lalitpur.
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 10.1.2026. Learned counsel for the applicant
submits that earlier applicant was on bail. But due to non appearance before
the Court below, non bailable warrant against the applicant was issued.
Thereafter applicant was arrested and since then he is in judicial custody.
Applicant has one case of criminal antecedent, which has sufficiently been
explained and 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,
severity of the punishment in the case of conviction and nature of supporting
BAIL No. 11961 of 2026
2
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, Dhaniram, 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.
(Ashutosh Srivastava,J.)
May 7, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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