Allahabad High Court
SHAVEJversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shavej, who was arrested in a case under Sections 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in a solitary case and ten other cases, and argued that the trial would be delayed due to court backlog. The State opposed bail, highlighting an additional criminal history involving IPC Sections 147, 148 and 307 from 2019. After weighing the totality of facts, the nature of the offence, and the provisions of Section 19(4) of the B.N.S.S., the court, without commenting on the merits, found the case fit for bail. Consequently, the bail application was allowed subject to a personal bond of Rs. 50,000 with two sureties and several conditions aimed at preventing witness tampering and ensuring the applicant’s presence at trial stages.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under the U.P. Gangsters and Antisocial Activities (Prevention) Act despite his prior criminal history and multiple pending cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- Indian Penal Code — s. 147, 148, 307
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities Act
- witness tampering
- sureties
- court backlog
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14096 of 2026
Shavej
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rizwan Ullah Siddiqui
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rizwan Ullah Siddiqui, learned counsel for the
applicant and Sri C.S. 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.
0088 of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Fatehpur, District
Saharanpur, 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 since 20.3.2026. 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 ten 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.
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 one more case relating to the offences
BAIL No. 14096 of 2026
2
under Sections 147, 148, 307 IPC of the year 2019.
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 ten other cases and the applicant is having criminal history of
one more case as pointed out by the learned AGA.
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- Shavej 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.
8. In case of breach of any of the above conditions, it shall be a
BAIL No. 14096 of 2026
3
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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