Allahabad High Court
ANKIT KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the stipulated conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ankit Kumar, who was arrested in a case under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in related cases, and argued that the trial would be delayed due to court backlog. The State opposed bail, highlighting the applicant's pending criminal history, including a case where no summons or warrant had yet been issued. The Court examined the totality of facts, the nature of the evidence, and applied Section 19(4) of the B.N.S.S., without expressing an opinion on the merits. Finding the circumstances suitable for bail, the Court ordered the applicant’s release on a personal bond with two sureties and imposed specific conditions. The order expressly limited its effect to the bail application and did 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, 2023, in view of pending charges under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant's pending criminal history and the absence of a summons or warrant in another case preclude the grant of bail.
- Whether Section 19(4) of the B.N.S.S. permits bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters Act
- Section 483
- Section 19(4)
- Section 351
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14080 of 2026
Ankit Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijeta Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Ms. Vijeta Srivastava, learned counsel for the applicant
and Sri 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. 30
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Fugana, District
Muzaffarnagar, 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 and he has been languishing in jail since25.3.2026. It is
further submitted that the applicant is on bail in solitary case shown
against him in the gang chart and apart from the above, the
applicant is also on bail in another case. 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
conclusion of trial.
4. 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 Crime Case No. 206 of 2022. In reply,
BAIL No. 14080 of 2026
2
learned counsel for the applicant submits that in the said case, no
summon or warrant has been issued to the applicant and the said
case is pending.
5. The applicant is on bail in solitary case shown against him in the
gang chart and apart from the above, the applicant is also on bail
in another case. The applicant is having criminal history of one
more case as pointed out by the learned AGA, however, it is
submitted that in the said case, no summon or warrant has been
issued to the applicant and the said case is pending.
6. 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.
7. Let the applicant- Ankit Kumar 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
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
BAIL No. 14080 of 2026
3
(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.
(Jitendra Kumar Sinha,J.)
May 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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