Allahabad High Court
ASHISHversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Ashish, who was arrested in connection with a case alleging that he threw his step‑children into a drain, though no serious injury was reported. The applicant claimed innocence and highlighted his custodial detention since December 4, 2025, while the prosecution opposed bail. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order emphasized that it was limited to bail and did not prejudice the trial court's eventual judgment. Consequently, the bail application was allowed.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged child endangerment.
- Whether the nature of the alleged offence and the applicant's custodial period justify bail despite the prosecution's opposition.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Juvenile Justice Act — s. 75
Subjects
- bail
- criminal procedure
- Section 483 B.N.S.S.
- Juvenile Justice Act
- child endangerment
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13019 of 2026
Ashish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhinay Bhattacharya, Saurabh Basu
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Abhinay Bhattacharya, 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. 0217 of 2025, under
Sections 109(1), 93 BNS and Section 75 Juvenile Justice Act, registered
at Police Station 142 Noida, District Commissionerate Gautam Buddh
Nagar, 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 4.12.2025. It is further submitted that
the applicant is said to be the step-father of two children and as per FIR
he is said to have thrown them in a drain, however, injured children have
not received any injury which is dangerous to life or grievous in nature. It
is also 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. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
BAIL No. 13019 of 2026
2
5. The applicant is said to be the step-father of two children and as per
FIR he is said to have thrown them in a drain, however, injured children
have not received any injury which is dangerous to life or grievous in
nature
6. Upon considering the totality of facts, nature and the evidence reflected
from record 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- Ashish 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.
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
BAIL No. 13019 of 2026
3
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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