Allahabad High Court
CHAND MOHAMMADversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused, subject to conditions, as a prima facie case for bail was established.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of accused Chand Mohammad, who was detained in connection with Crime No. 196 of 2025 involving offences under Sections 191(2), 191(3), 333, 109(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant's counsel argued that he was falsely implicated, had no specific role in the alleged assault, possessed no criminal antecedents, and posed no risk of fleeing or tampering with evidence. The State and the informant opposed bail, citing the seriousness of the charges and potential witness intimidation. The court, after weighing the nature of the accusations, severity of possible punishment, and risk of evidence tampering, found that a prima facie case for bail existed and granted bail subject to personal bond, sureties, and strict conditions. The order directed the accused to refrain from tampering with evidence, committing further offences, intimidating witnesses, and to appear regularly before the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the risk of tampering with evidence or witness intimidation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 191(2), 191(3), 333, 351(2)
Subjects
- bail
- criminal procedure
- presumption of innocence
- witness tampering
- conditions of bail
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12634 of 2026
Chand Mohammad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Yadav, Ramesh Chandra Yadav
Counsel for Opposite Party(s) : G.A., Shyam Shanker Pandey
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ramesh Chandra Yadav, learned counsel for the applicant, Shri
Ajay Kumar Singh, learned AGA for the State, Shri S. S. Pandey, learned
counsel for the first informant and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Chand
Mohammad, seeking enlargement on bail in Case Crime No. 196 of 2025,
under Sections 191 (2), 191 (3), 333, 109 (1), 351 (2) of the Bharatiya Nyaya
Sanhita, 2023, Police Station Badalpur, District Gautam Budh Nagar 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 22.1.2026. Learned counsel for the applicant
submits that in the FIR general allegations have been levelled against the
applicant. No specific role has been assigned against the applicant.
Allegations of assault have been assigned to co-accused Anas and Khurshid
and role of applicant is clearly distinguishable from co-accused Anas and
Khurshid. Applicant has no criminal antecedent 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 as well as learned counsel for the first informant have
vehemently opposed the prayer for bail.
BAIL No. 12634 of 2026
2
Considering all above facts and circumstances, the nature of accusations,
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, Chand Mohammad, 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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