Allahabad High Court
DEENA @ DEENANATHversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate and granted it with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Deena @ Deenanath, who was arrested in a case under Sections 2(b)(i) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, argued that he was already on bail in two related cases and that he had a history of 15 other cases, of which he was on bail in 13 and acquitted in 2. The State opposed the bail, citing the applicant’s criminal record. The Court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions regarding non‑interference with witnesses and attendance at trial dates. The order clarified that it does not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s extensive criminal history and pending cases justify denial of bail.
- What conditions may be imposed on bail to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(i), 3(1)
Subjects
- bail
- criminal procedure
- anti‑social activities act
- presumption of innocence
- conditions of bail
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13338 of 2026
Deena @ Deenanath
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Mukesh Joshi, learned counsel for the applicant and Shri B.P.
Singh, learned AGA for the State- respondents and perused the record.
3. 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. 22 of 2026, under Sections 2(b) (i),
3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, registered
at Police Station Baniyather, District Sambhal, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in both the cases that have been shown
against him in the gang chart, apart from the above, the applicant is having
criminal history of 15 other cases and out of 15 cases, in two cases he has
been acquitted and remaining 13 cases, he is on bail. The applicant is
languishing in jail since 15.03.2026, 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.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, the applicant is having criminal history
of 15 other cases and out of 15 cases, in two cases he has been acquitted and
BAIL No. 13338 of 2026
2
remaining 13 cases, he is on bail. The applicant is languishing in jail since
15.03.2026.
7. 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.
8. Let the applicant- Deena @ Deenanath involved in the aforesaid case
crime shall 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 :-
(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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
May 6, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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