Allahabad High Court
MAYANK @ SACHIN BHARDWAJversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and granted it subject to specified conditions.
Summary
The applicant, Mayank @ Sachin Bhardwaj, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release while trial proceeds for an offence under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in two other cases and had no prior criminal history, and argued that the trial would be delayed due to court backlog. The State opposed bail, contending that another case had been registered against the applicant, though the applicant countered that the new case arose after the present proceedings. The court, after considering the facts, the nature of the evidence, and Section 19(4) of the B.N.S.S., decided that the case was suitable for bail without commenting on the merits. Accordingly, bail was granted on a personal bond of Rs. 50,000 with two sureties, subject to conditions restricting intimidation of witnesses, tampering with evidence, and ensuring the applicant’s presence at key trial dates.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita to an accused under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the existence of another pending case against the applicant precludes 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 and Antisocial Activities (Prevention) Act
- Section 19(4)
- Section 483
- Section 351
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12999 of 2026
Mayank @ Sachin Bhardwaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Manish Yadav, 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. 01
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Dakshin, District
Firozabad, 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 23.1.2026. It is
further submitted that the applicant is on bail in two cases shown
against him in the gang chart and apart from the above, he is
having no other case registered against him. 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 to the applicant and it is submitted that one more case has
been registered against the applicant. In reply, learned counsel for
BAIL No. 12999 of 2026
2
the applicant submits that the said case has been lodged
subsequent to the present case.
5. The applicant 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 and one more case has been registered against him
subsequent to the present case.
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- Mayank @ Sachin Bhardwaj 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. 12999 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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