Allahabad High Court
SAURABH @ KARIYAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, granting bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the applicant Saurabh @ Kariya who was charged under Sections 2(b)(1) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant argued that he was innocent, already on bail in several other cases, and that a co‑accused had been granted bail. The State opposed the bail. After reviewing the record and noting the applicant’s bail history and the heavy pendency of cases, the Court, without expressing an opinion on the merits, found the case fit for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions regarding non‑interference with witnesses and attendance at trial dates. The order clarified that it does not prejudice the trial court’s independent assessment of the evidence.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under the U.P. Gangster and Anti‑Social Activities (Prevention) Act
- Whether the applicant’s prior bail status and the bail granted to a co‑accused influence the decision
- Whether the conditions imposed are sufficient to ensure the applicant’s compliance and non‑interference with the trial
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(1), 3(1)
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- criminal procedure
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14029 of 2026
Saurabh @ Kariya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Siddharth Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Siddharth Rai, learned counsel for the applicant and Shri
B.P. Maurya, 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. 77 of 2026, under Section
2(b)(1), 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act,
registered at Police Station Jiyanpur, District Azamgarh, during pendency
of the trial.
3. 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 the solitary case that has
been shown against him in the gang chart, apart from the above, the
applicant is also on bail in three other cases and in fifth case he has been
acquitted. It is further submitted that co-accused Ram Ashish Yadav has
already been granted bail by the Co-ordinate Bench of this Court vide
order dated 04.05.2026 passed in Criminal Misc. Bail Application
No.14793 of 2026. The applicant is languishing in jail since 13.03.2026,
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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
BAIL No. 14029 of 2026
2
applicant.
5. aApplicant is on bail in the solitary case that has been shown against
him in the gang chart, apart from the above, the applicant is also on bail in
three other cases and in fifth case he has been acquitted. It is further
submitted that co-accused Ram Ashish Yadav has already been granted
bail by the Co-ordinate Bench of this Court vide order dated 04.05.2026
passed in Criminal Misc. Bail Application No.14793 of 2026. The
applicant is languishing in jail since 13.03.2026.
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.
7. Let the applicant- Saurabh @ Kariya 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.
BAIL No. 14029 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…