Allahabad High Court
ABRAN @ BINGO KHAN AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Abran @ Bingo Khan, who was in custody for offences under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence and pointed to the earlier grant of bail to a co‑accused in a similar case. The State opposed bail but did not dispute the applicant's claim of innocence. The Court examined the nature of the accusations, the severity of the punishments, the risk of evidence tampering, and the prima facie case against the applicant. Finding that the conditions for bail were satisfied and that the applicant was unlikely to flee or interfere with the trial, the Court allowed the bail application. The order released the applicant on personal bond with sureties and imposed conditions to prevent tampering, intimidation, and further criminal activity.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the charges under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 317(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Section 309
- Section 317
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13042 of 2026
Abran @ Bingo Khan And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dev Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Manoj Kumar Singh, learned
AGA for the State-Respondent and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of the accused-applicant seeking
enlargement on bail in Case Crime No. 55 of 2025, under Sections 309(6),
317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Markundi,
District Chitrakoot.
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 10.03.2026. Learned counsel for the applicant
submits that similarly circumstanced co-accused Kaau @ Negam Ali has
already been enlarged on bail by the Co-ordinate Bench of this Court vide
order dated 13.0.2026 in Criminal Misc. Bail Application No. 5201 of 2026.
He submits that the applicant has criminal antecedents of four cases to his
credit which has been explained in the affidavit filed in support of the bail
application. He further submits that there is no likelihood of his fleeing from
course of justice or tampering with evidence in case of release on bail.
Hence, bail has been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
BAIL No. 13042 of 2026
2
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Abran @ Bingo Khan And Another, 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.
April 20, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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