Allahabad High Court
IRFANversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail, finding the matter fit for release under the provisions 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 Irfan, who was arrested in a case registered under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he was falsely implicated, had been in custody since July 2025, and that co‑accused Atiq had already been granted bail. The State opposed the bail, citing the seriousness of the offences. After examining the record and invoking Section 19(4) of the B.N.S.S., the court, without commenting on the merits, found the case fit for bail. Consequently, the court ordered Irfan’s release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the conditions prescribed under Section 19(4) of the B.N.S.S. justify the grant of bail despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. GAAPA
- Section 19(4)
- Section 483
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12523 of 2026
Irfan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Alpana Singha, Manish Kumar
Kashyap, Virendra Pal Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri V.P. Singh, learned counsel for the applicant and 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.
490 of 2025, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Kasganj, District
Kasganj, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 7.7.2025. It is
submitted that co-accused Atiq has already been granted bail by
this Court It is further submitted that the applicant is on bail in
three cases shown against him in the gang chart and apart from
the above, the applicant is also on bail in six other cases. 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 No. 12523 of 2026
2
bail to the applicant.
5. Co-accused Atiq has already been granted bail by this Court It
is further submitted that the applicant is on bail in three cases
shown against him in the gang chart and apart from the above, the
applicant is also on bail in six other cases.
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- Irfan 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 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
BAIL No. 12523 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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