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Allahabad High Court

RANI KINNARversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail and allowed the bail application.

Summary

The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rani Kinnar, who was arrested in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that she was falsely implicated, was already on bail in a related solitary case, and had been in custody since 10 September 2025. The State opposed the bail, but the court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail. Accordingly, the court ordered her release on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent tampering with evidence or intimidation of witnesses. 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.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • U.P. Gangster and Anti‑Social Activities Act
  • Section 483
  • Section 2
  • Section 3
  • sureties
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 14027 of 2026

Rani Kinnar
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                :   Kalpana Singh, Momi Dey
Counsel for Opposite Party(s)           :   G.A.

Court No. - 69
                HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Ms. Anjali Dwivedi, holding brief of Smt. Kalpana Singh, learned
counsel for the applicant and Shri Chandra Shekhar Saran, learned AGA for
the State- respondents and perused the record.

2. 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. 641 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Modinagar, District Ghaziabad, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that applicant
is innocent and she has been falsely implicated in this case. It is further
submitted that the applicant is on bail in the solitary case that has been
shown against her in the gang chart, apart from the above, there is no other
case registered against her. The applicant is languishing in jail since
10.09.2025, undertakes that she 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.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. Applicant is on bail in the solitary case that has been shown against her in
the gang chart, apart from the above, there is no other case registered against
her. The applicant is languishing in jail since 10.09.2025.

6. 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.
                                                                                              BAIL No. 14027 of 2026
                                                                     2

                                    7. Let the applicant- Rani Kinnar involved in the aforesaid case crime shall
                                    be released on bail on her 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 her 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 she 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.

                                    8. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    9. 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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