Allahabad High Court
AMITversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Amit, who was arrested in a case under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. Amit claimed he was falsely implicated and highlighted that he was already on bail in three gang‑related cases and 24 other criminal matters. The State opposed the bail, but the court, after reviewing the record and noting the applicant’s extensive bail history and lack of merit assessment, found the case suitable for bail. The court ordered his release on a personal bond of Rs. 50,000 with two sureties, imposing conditions such as non‑interference with witnesses and mandatory presence at trial stages. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case registered under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s prior bail history and claim of false implication justify the grant of bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- U.P. Gangster Act
- Bharatiya Nagarik Suraksha Sanhita
- personal bond
- sureties
- witness protection
- Section 483
- Section 351
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13955 of 2026
Amit
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Tinku Singh, Vijay Singh Gour
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 Ms. Tinku Singh along with Shri Vijay Singh Gour, learned
counsel for the applicant and Shri O.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. 02 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Gulaothi, District Bulandshahar, 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
having criminal history of 24 other cases and he is on bail in all the 24 other
cases. The applicant is languishing in jail since 20.09.2025, 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 having criminal
history of 24 other cases and he is on bail in all the 24 other cases. The
BAIL No. 13955 of 2026
2
applicant is languishing in jail since 20.09.2025.
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- Amit 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 5, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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