Allahabad High Court
INTZAR @ MOTAversusSTATE OF U.P.
- Decided
Holding
The court held that, under Section 19(4) of the Bharatiya Nagarik Suraksha Sanhita, the applicant is entitled to bail notwithstanding his criminal history.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Intzar @ Mota, who was arrested in a case under Sections 2/3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in several other matters, and pledged not to misuse liberty. The State opposed bail, highlighting the applicant’s criminal history, including a pending case under the Arms Act. After evaluating the facts, the nature of the offence, and invoking Section 19(4) of the B.N.S.S., the court found the case suitable for bail without commenting on the merits. Consequently, bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of strict conditions, with a warning that breach would lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case under the U.P. Gangsters and Antisocial Activities (Prevention) Act despite his prior criminal history.
- Whether the presence of pending cases, including one under the Arms Act, warrants denial of bail.
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 and Antisocial Activities Act
- arms act
- Section 19(4)
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14087 of 2026
Intzar @ Mota
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Asheesh Kumar Tiwari
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 Asheesh Kumar Tiwari, learned counsel for the
applicant and Sri Radhey Shyam, 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. 42
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Ratanpuri, District
Muzaffarnagar 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 27.3.2026. 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 six other cases. 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.
BAIL No. 14087 of 2026
2
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 is having
criminal history of one more case relating to the Arms Act.
6. 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 six other cases and he is having criminal history of one more
case relating to Arms Act as pointed out by the learned AGA.
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- Intzar @ Mota 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.
(v) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel.
BAIL No. 14087 of 2026
3
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
Checking your session…