Allahabad High Court
KHUSI MOHAMMADversusSTATE OF U.P.
- Decided
Holding
The court held that, on the basis of the totality of facts, the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, subject to prescribed conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Khusi Mohammad, who was arrested in a case under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in a related gang‑chart case, and argued that the trial would be delayed. The State opposed bail, highlighting the applicant’s prior criminal history involving an offence under the Electricity Act. After reviewing the record, the court, without expressing an opinion on the merits, found the circumstances suitable for bail. Accordingly, the court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions such as non‑interference with witnesses and attendance at trial dates.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita to an accused charged under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s prior criminal history under the Electricity Act precludes bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14171 of 2026
Khusi Mohammad
.....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. Heard Shri Asheesh Kumar Tiwari, 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. 42 of 2026, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Ratanpuri, 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. 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, there is no other
case registered against him. The applicant is languishing in jail since
27.03.2026, 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 applicant
and it has been submitted by him that the applicant is having criminal history
of one more case relating to the Electricity Act.
5. Applicant is on bail in the solitary case that has been shown against him
in the gang chart, apart from the above, there is no other case registered
against him and the applicant is having criminal history of one more case
relating to the Electricity Act as pointed out by learned AGA. The applicant
is languishing in jail since 27.03.2026.
BAIL No. 14171 of 2026
2
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- Khusi Mohammad 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.
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.
May 6, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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