Allahabad High Court
VIJAY KUMARversusSTATE OF U.P.
- Decided
Holding
Bail is granted to the applicant subject to a personal bond and conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vijay Kumar, who was arrested in a case registered under Sections 3(1) and 2(b)(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, noted that he was already on bail in five related cases, and had been in custody since 28‑12‑2025, arguing that the trial would be delayed. The State opposed bail, highlighting the seriousness of the offences and the applicant’s criminal history, including a pending case under the Juvenile Justice Act. The court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to standard conditions. The order clarified that the bail grant does not prejudice the trial court’s independent assessment of evidence.
Issues considered
- Whether bail should be granted to Vijay Kumar under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act considering his criminal history and the nature of the offence.
Legislation cited
Subjects
- bail
- criminal procedure
- B.N.S.S.
- U.P. Gangster Act
- presumption of innocence
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14200 of 2026
Vijay Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Saurabh Kumar Pandey, 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. 247 of 2025, under Sections 3(1),
2(b)(1) of U.P. Gangster and Anti Social Activities (Prevention) Act,
registered at Police Station Atraulia, District Azamgarh, 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 all the five cases that have been
shown against him in the gang chart, apart from the above, the applicant is
having criminal history of two cases, out of two cases, he is on bail in one
case and in seventh case, he has been proceeded under the Juvenile Justice
Act. The applicant is languishing in jail since 28.12.2025, 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 all the five cases that have been shown against him
in the gang chart, apart from the above, the applicant is having criminal
history of two cases, out of two cases, he is on bail in one case and in
seventh case, he has been proceeded under the Juvenile Justice Act. The
applicant is languishing in jail since 28.12.2025.
BAIL No. 14200 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- Vijay Kumar 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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