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Allahabad High Court

IMRAN URF KALAversusSTATE OF U.P.

Decided

Holding

The court held that bail is appropriate and granted it to the applicant with specified conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Imran Urf Kala, who is 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 related 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. Accordingly, the court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing conditions such as non‑interference with witnesses and mandatory presence at key trial stages. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future judgment.

Issues considered

  • Whether the applicant is entitled to bail 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.
  • Whether the applicant’s prior bail status, claim of innocence, and the pendency of the trial justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Bharatiya Nagarik Suraksha Sanhita
  • U.P. Gangster and Anti‑Social Activities Act
  • criminal procedure
  • trial pendency
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 14190 of 2026

Imran Urf Kala
                                                                 .....Applicant(s)
                                     Versus
State of U.P.
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Applicant(s)             :   Sunil Kumar Yadav, Yashpal Yadav
Counsel for Opposite Party(s)        :   G.A.

Court No. - 69
                HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Sunil Kumar 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. 87 of 2026, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Titawi, 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, the applicant is
also on bail in another case. The applicant is languishing in jail since
01.04.2026, 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.

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 01.04.2026.

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. 14190 of 2026
                                                                     2

                                    7. Let the applicant- Imran Urf Kala 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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