Allahabad High Court
CHIRAG UDDINversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail, holding that the applicant’s right to bail under Section 483 outweighs the alleged risks.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused Chirag Uddin, who is charged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 for a crime registered at Mirganj Police Station, Bareilly. The applicant claimed innocence, argued that the FIR was lodged against an unknown person, and that he had been in custody since 24‑02‑2026 without further need for custodial interrogation. The State opposed bail, citing the seriousness of the offences, potential witness tampering, and the applicant’s criminal antecedents. After weighing the facts, the court found that the risk of flight or evidence tampering was not sufficient to deny bail and therefore allowed the bail application with conditions. The applicant was ordered to be released on personal bond and two reliable sureties, subject to conditions prohibiting tampering, criminal activity, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023
- Whether the likelihood of evidence tampering, intimidation of witnesses, or flight justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- Section 483
- evidence tampering
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12190 of 2026
Chirag Uddin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajnish Kumar, Sanjeev Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Sanjeev Kumar Mishra, learned counsel for the applicant, Shri
Ajay Singh, 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, Chirag Uddin
, seeking enlargement on bail in Case Crime No. 375 of 2024, under
Sections 331 (4), 305 of the Bharatiya Nyaya Sanhita, 2023, Police Station
Mirganj, District Bareilly, during the pendency of the trial before the Court
below.
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 24.2.2026. Learned counsel for the applicant
submits that FIR has been lodged against unknown person. At the time of
raid conducted by the Police officials, applicant was neither arrested nor
recovery was effected. Charge sheet in this case has already been filed on
3.2.2026. Further custodial interrogation of the applicant is no more
required. Applicant is ready to face trial. Applicant has 11 cases of criminal
antecedent, which have 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.
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
BAIL No. 12190 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, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Chirag Uddin, 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.)
April 20, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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