Allahabad High Court
RAMA ALIAS RAHULversusSTATE 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 Rama alias Rahul, who was arrested in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was falsely implicated, and highlighted that he was already on bail in six related cases despite a broader criminal history. The State opposed bail, contending that the applicant had not fully explained three additional cases in his criminal record. The Court examined the totality of facts, the nature of the evidence, and applied Section 19(4) of the B.N.S.S., which permits bail in appropriate circumstances without expressing an opinion on the merits. Finding the case suitable for bail, the Court ordered the applicant’s release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope 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 Act despite the applicant's extensive criminal history.
- Whether the applicant's alleged failure to explain three additional criminal cases justifies denial of bail.
- How Section 19(4) of the Bharatiya Nagarik Suraksha Sanhita influences the grant of bail in this context.
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
- criminal history
- Section 19(4)
- Section 483
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14073 of 2026
Rama Alias Rahul
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikas Kumar Yadav, Virendra Kumar
Maurya
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 Virendra Kumar Maurya, learned counsel for the
applicant and Sri C.S. Saran, 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. 04
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Kavinagar, District
Ghaziabad, 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 11.11.2025. It is
further submitted that the applicant is on bail in all the six cases
shown against him in the gang chart and apart from the above, he
is having criminal history of 24 cases which has been duly
explained in the supplementary affidavit. 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
BAIL No. 14073 of 2026
2
conclusion of trial.
5. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant and it is submitted that the applicant has not
explained criminal history of three more cases. In reply, learned
counsel for the applicant submits that entire criminal history has
been explained and in some of the cases he is not named in the
FIR.
6. The applicant is on bail in all the six cases shown against him in
the gang chart and apart from the above, he is having criminal
history of other cases which has been duly explained in the
supplementary affidavit.
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- Rama Alias Rahul 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
BAIL No. 14073 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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