Allahabad High Court
ISHAM @ HISHAMversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the accused is released on bail with specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Isham @ Hisham, who was charged under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, highlighted that he was already on bail in several other cases, and argued that the trial was likely to be delayed. The State opposed the bail, but the court, after reviewing the record and the totality of facts, found the case suitable for bail without expressing any view on the merits. The court ordered his 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 clarified that it was limited to the bail application and did not affect 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, 2023 in a case registered under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s prior bail in other cases and the pendency of the trial justify granting bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- sureties
- conditions of bail
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13372 of 2026
Isham @ Hisham
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
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 Sunil Kumar Tiwari, learned counsel for the applicant and Shri
Ashish Kumar Tripathi, 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. 35 of 2026, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Shamli, District Shamli, 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 all the three cases that have been
shown against him in the gang chart, apart from the above, the applicant is
also on bail in four other cases. The applicant is languishing in jail since
16.02.2026, 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 all the three cases that have been shown against
him in the gang chart, apart from the above, the applicant is also on bail in
four other cases. The applicant is languishing in jail since 16.02.2026.
7. Upon considering the totality of facts, nature and the evidence reflected
BAIL No. 13372 of 2026
2
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- Isham @ Hisham 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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