Allahabad High Court
ANSHUL SAHUversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that the applicant’s lack of criminal antecedents, completion of charge‑sheet, and absence of any real risk of tampering or intimidation justified granting bail under Section 483.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused Anshul Sahu, who was charged under Sections 316(5), 61(2)(A) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that he was falsely implicated, had no prior criminal record, the charge‑sheet had already been filed, and there was no risk of absconding, tampering with evidence or intimidating witnesses. The State opposed the bail, citing the seriousness of the offences and a prima facie risk of witness tampering. After weighing the nature of the accusations, the severity of potential punishment, and the applicant’s personal circumstances, the court concluded that bail could be granted with conditions. Accordingly, the court ordered the release of the applicant on personal bond and two sureties, subject to conditions prohibiting evidence tampering, criminal activity, witness intimidation, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether there exists a likelihood of the accused absconding, tampering with evidence, or intimidating witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 317(2), 61(2)(A)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- evidence tampering
- witness intimidation
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13926 of 2026
Anshul Sahu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Tripathi, Shubham Maurya,
Vinay Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Akhilesh Tripathi, learned counsel for the applicant, Shri Punit
Kumar Singh, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Anshul Sahu,
seeking enlargement on bail in Case Crime No. 396 of 2025, under Sections
316(5), 61(2)(A), 317(2), of the Bharatiya Nyaya Sanhita, 2023, Police
Station Nawabad, District Jhansi, in related to Criminal Case No. 50155 of
2025, during the pendency of the trial before the Court below.
The learned counsel for the applicant submits that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant is languishing in jail
since 26.10.2025. The learned counsel contends that the charge-sheet has
already been submitted against the applicant on 16.11.2025, and
therefore, no further custodial interrogation is required.
It is also submitted that the Investigating Officer has already recovered a
total amount of Rs.69,78,642/- from three bags during the course of
investigation. The applicant has no criminal antecedents and is a law-
abiding person. There is no likelihood of the applicant absconding or
fleeing from the course of justice, nor is there any possibility of tampering
with prosecution evidence in case he is released on bail. Hence, the
BAIL No. 13926 of 2026
2
applicant be enlarged on bail.
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Anshul Sahu, 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.
(Ashutosh Srivastava,J.)
May 5, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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