Allahabad High Court
BILTUversusSTATE OF U.P.
- Decided
Holding
The court allowed bail to the applicant, finding the case fit for release on bail under Section 483 BNS.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Biltu, who was arrested in connection with a case alleging forgery of Aadhaar cards and related offences under Sections 318(4), 319(2), 335, 337, 338 of the same Act, as well as provisions of the Income Tax Act and the Aadhaar Card Act. The applicant contended that he was falsely implicated, that no forged Aadhaar cards were recovered from his possession, and that he had no prior criminal record, having been in custody since 22 March 2026. The State, represented by the learned Additional Government Advocate, argued that the applicant and co‑accused were involved in preparing forged Aadhaar cards and that incriminating items such as a printer, blank forms, and a laptop were seized. After reviewing the record, the judge, without expressing an opinion on the merits, found the circumstances suitable for bail and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. Consequently, the bail application was allowed, subject to a personal bond of Rs. 50,000 and two sureties, with detailed compliance requirements.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the alleged forgery offences.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether the applicant's claim of false implication and lack of prior criminal record warrant bail despite the seizure of alleged incriminating materials.
Legislation cited
- Aadhaar Card Act — s. 36, 42
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 319(2), 335, 337, 338, 483
- Income Tax Act — s. 65, 66
Subjects
- bail
- forgery
- Aadhaar card
- false implication
- criminal procedure
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14235 of 2026
Biltu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manoj Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Manoj Pathak, learned counsel for the applicant, Sri 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. 131 of 2026 under Sections 318(4), 319(2), 335, 337, 338
BNS, sections 65/66 I.T. and section 36/42 Adhar Card Act, registered at Police
Station Bahjoi, District Sambhal during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and no forged Adhar Card has been recovered from his
possession and the alleged recovery shown is a false one. It is further submitted that
applicant has no criminal history and he is languishing in jail since 22.3.2026. It is
further submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that applicant and other co-accused persons were found
involved in preparing forged Aadhar cards.
5. Applicant is said to have been arrested and some incriminating articles like printer,
blank Aadhar forms, eye scanner, laptop and some Aadhar cards are said to have been
recovered from him and other accused persons. However, the said Aadhar cards have
not been found to be used by anyone. Applicant has no criminal history and he is
languishing in jail since 22.3.2026.
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. 14235 of 2026
2
7. Let the applicant Biltu involved in the aforesaid case crime 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 with the following conditions :-
(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
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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