Allahabad High Court
MEHARBAN AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The Court held that the bail application is a fit case for bail and allowed it.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for two accused in a case registered under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicants contended that they were falsely implicated, had no prior criminal record apart from being on bail in other cases, and would not misuse liberty. The State opposed the bail. The Court, after reviewing the record and invoking Section 19(4) of the B.N.S.S., found the circumstances suitable for bail without expressing any view on the merits, and ordered release on personal bond with two sureties and several conditions, including non‑interference with witnesses and presence at trial dates. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings. The bail was consequently granted subject to the stipulated conditions.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for accused under the U.P. Gangsters and Antisocial Activities (Prevention) Act
- Whether the applicants' lack of prior criminal history and existing bail in other matters justify granting bail
- Whether the conditions prescribed under Section 19(4) of the B.N.S.S. are satisfied
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. Gangsters Act
- Section 19(4) conditions
- presumption of innocence
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12972 of 2026
Meharban And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mohd. Naushad, learned counsel for the applicants and Sri Shiv
Dutt Shukla, 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 applicants with a
prayer to release them on bail in Case Crime No. 188 of 2026, under
Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act,
registered at P.S. Kairana, District Shamli during pendency of the trial.
3. It has been argued by the learned counsel for the applicants that
applicants are innocent and they have been falsely implicated in this case
and they have been languishing in jail since 30.3.2026. It is further
submitted that the applicant no.1 is on bail in two cases shown against
him in the gang chart and apart from the above, he is having no other
criminal history registered against him whereas applicant no. 2 is on bail
in two cases shown against him in the gang chart and apart from the
above, he is also on bail in another case registered against him . It is
further submitted that the applicants undertake that they 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 to
the applicants.
BAIL No. 12972 of 2026
2
5. The applicant no.1 is on bail in two cases shown against him in the
gang chart and apart from the above, he is having no other criminal
history registered against him whereas applicant no. 2 is on bail in two
cases shown against him in the gang chart and apart from the above, he is
also on bail in another case registered against him.
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 applicants- Maharban and Shahid Quraishi involved in the
aforesaid case crime be released on bail on their 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 applicants 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 them from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicants 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 applicants shall file undertaking to the effect that they shall not
seek any unncessary adjournment on the dates fixed for evidence when
the witnesses are present in the trial court.
(v) The applicants shall remain present before the trial court on each date
fixed, either personally or through their counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 12972 of 2026
3
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.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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