Allahabad High Court

SANJAY @ PINTUversusSTATE OF U.P.

Decided: 19 April 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court held that bail should be granted to the accused, subject to strict conditions.

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 Sanjay @ Pintu, who was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel contended that he was falsely implicated, not named in the FIR, and had been in custody since December 2024, while the prosecution opposed bail citing the seriousness of the offences and risk of tampering with evidence. The court examined the nature of the accusations, the severity of potential punishment, the applicant’s criminal history, and the possibility of witness intimidation. Although the court noted prima facie concerns, it found no sufficient ground to deny bail. Consequently, the court granted bail subject to a personal bond, sureties, and conditions prohibiting tampering with evidence, criminal activity, and intimidation of witnesses, and requiring regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the charges under the Bharatiya Nyaya Sanhita, 2023.
Whether there is a likelihood of the accused fleeing, tampering with evidence, or intimidating witnesses if released on bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 483
Bharatiya Nyaya Sanhita — s. 109, 190, 191(2), 191(3), 308(5), 3(5), 351(3), 61(2)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
evidence tampering
witness intimidation
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13014 of 2026

Sanjay @ Pintu
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Barkha Chaudhary, Sarita Singh
Counsel for Opposite Party(s) : G.A. B.S. Khokhar

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Adesh Kumar under the authority of Ms. Barkha Chaudhary,
learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA
for the State, Shri B. S. Khokhar, 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, Sanjay @
Pintu, seeking enlargement on bail in Case Crime No. 06 of 2026, under
Sections 191 (2), 191(3), 190, 109, 308 (5), 351 (3), 3 (5), 61 (2) of the
Bharatiya Nyaya Sanhita, 2023, Police Station Chandinagar, District
Baghpat, 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 5.12.2024. Learned counsel for the applicant
submits that applicant was not named in the FIR. In the majeed statement
of first informant, name of the applicant surfaced on the record. Present
case is no injury case. At the time of incident, the applicant was behind
the bar. Role of firing has been assigned to the co-accused person. Role of
conspiracy has been assigned against the applicant. Learned counsel for
the applicant submits that co-accused Tejveer, who was also not named in
the FIR, has already been granted bail by this Court on 16.4.2026 passed
in Crl. Misc. Bail Application No. 11005 of 2026 Applicant has 19 cases
of criminal history which have sufficiently been explained and there is no
BAIL No. 13014 of 2026
2

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.

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, Sanjay @ Pintu, 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.)
April 20, 2026
Ravi Prakash

Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad

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