Allahabad High Court
NAVRATAN RAJBHARversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail with a personal bond and specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Navratan Rajbhar, who is charged under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in a solitary case, and highlighted that a co‑accused had been granted bail. The State opposed the application. Relying on Section 19(4) of the B.N.S.S. and without expressing any view on the merits, the Court found the case fit for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to several conditions regarding non‑interference with witnesses and attendance at trial dates. The order expressly limited its scope to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Application of Section 19(4) of the Bharatiya Nagarik Suraksha Sanhita in determining bail eligibility.
- Whether the applicant’s prior bail in a solitary case and the bail granted to a co‑accused affect the present bail application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 3(1)
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Section 19(4)
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12998 of 2026
Navratan Rajbhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rakesh Kumar Upadhyay, learned counsel for the
applicant and Sri J.P. Singh, 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. 02
of 2024, under Section 3(1) of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Gauri, Bazar, District
Deoria, 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 1.1.2024. It is
further submitted that the applicant is on bail in solitary case shown
against him in the gang chart and apart from the above, he is
having no other case registered against him. It is submitted that co-
accused Arvind Nishad has already been granted bail by a co-
ordinate Bench of this Court vide order dated 22.4.2024 passed in
Criminal Misc. Bail Application No. 15106 of 2024. 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.
BAIL No. 12998 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
5. The applicant is on bail in solitary case shown against him in the
gang chart and apart from the above, he is having no other case
registered against him. co-accused Arvind Nishad has already
been granted bail by a co-ordinate Bench of this Court.
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- Navratan Rajbhar 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.
BAIL No. 12998 of 2026
3
8. In case of breach of any of the above conditions, it shall be a
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.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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