Allahabad High Court
AMIT YADAV @ BUGGIversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and granted it subject to a personal bond and specified conditions.
Summary
The Allahabad High Court considered a bail application filed by Amit Yadav under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with charges under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant asserted his innocence, pointed out that he was already on bail in other matters, and warned of likely trial delays. The State opposed bail, emphasizing the applicant’s undisclosed criminal history involving offences under Sections 379 and 411 of the Indian Penal Code. After reviewing the record, the court, without opining on the merits, concluded that the case was suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions. The bail was granted, with any breach of conditions deemed grounds for cancellation.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act
- Whether the applicant’s prior criminal history and pending cases under the IPC affect the grant of bail
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the trial process
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 379, 411
- U.P. Gangster and Anti Social Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- B.N.S.S.
- U.P. Gangster Act
- Indian Penal Code
- conditions of bail
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14184 of 2026
Amit Yadav @ Buggi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Moeez Uddin, Sudhanshu Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Moeez Uddin, learned counsel for the applicant and Shri B.P.
Singh, 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. 223 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Mataundh, District Banda, 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
26.02.2026, 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 has not explained his
criminal history of one more case relating to the offence under Section
379/411 of I.P.C.
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 and the applicant is having criminal history of one more case relating to
the offence under Section 379/411 of I.P.C. as pointed out by learned AGA.
The applicant is languishing in jail since 26.02.2026.
BAIL No. 14184 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- Amit Yadav @ Buggi 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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