Allahabad High Court
AASIFversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, granting bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Aasif, who was arrested in a case registered under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he had been in custody since 29 September 2025, and highlighted that he was already on bail in two other related cases and had no other criminal history. The State opposed the bail, arguing that the charges under the anti‑gangster law were serious. The Court examined the totality of facts, the nature of the evidence, and applied Section 19(4) of the B.N.S.S., concluding that the case was suitable for bail without expressing any view on the merits. Accordingly, the bail was granted subject to a personal bond of Rs. 50,000 and several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for an offence under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant’s lack of prior criminal history and existing bail in other cases justify the grant of bail.
- Whether Section 19(4) of the B.N.S.S. permits bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities Act
- Section 19(4)
- criminal procedure
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13507 of 2026
Aasif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Faiz Hasnain
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed by the learned counsel for the
applicant is taken on record.
2. Heard Sri Syed Faiz Hasnain, learned counsel for the applicant
and Sri B.P. Maurya, 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.
441 of 2025, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Mudhapandey,
District Moradabad, 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 and he has been languishing in jail since 29.9.2025. It is
further submitted that the applicant is on bail in two case shown
against him in the gang chart and apart from the above, he is
having no other criminal history registered against him. It is further
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.
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5. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
6. The applicant is on bail in two case shown against him in the
gang chart and apart from the above, he is having no other criminal
history registered against him.
7. Upon considering the totality of facts, nature and the evidence
reflected from record and also taking into consideration the
provision of Section 19(4) of the Act 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- Aasif 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.
9. In case of breach of any of the above conditions, it shall be a
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3
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.
April 23, 2026
Abhishek
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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