Allahabad High Court
PRAVEENversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the accused is released on bail with conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Praveen who was charged under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, highlighted that he was already on bail in two other cases, and argued that the trial was likely to be delayed. The State opposed the bail, but the court, after reviewing the record and without expressing any view on the merits, found the circumstances suitable for bail. The court ordered release on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future judgment.
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. Gangster and Anti‑Social Activities (Prevention) Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14178 of 2026
Praveen
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Harishchandra Yadav, 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. 439 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Eglas, District Aligarh, 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, the applicant is
also on bail in another case. The applicant is languishing in jail since
08.07.2025, 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.
5. Applicant is on bail in the solitary case that has been shown against him in
the gang chart, apart from the above, the applicant is also on bail in another
case. The applicant is languishing in jail since 08.07.2025.
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.
BAIL No. 14178 of 2026
2
7. Let the applicant- Praveen 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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