Allahabad High Court
TASLEEMversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The applicant, Tasleem, was arrested in Crime No. 49 of 2026 under Sections 2(b)(i) and 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act and has been in custody since 27 March 2026, claiming he was falsely implicated. He contended that he is already on bail in a solitary case shown in the gang chart and in five other pending cases, and he pledged not to misuse liberty if released. The bail petition was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the State opposed the relief. The Court examined the totality of facts, the nature of the evidence and the provisions of Section 19(4) of the GAA Act, without expressing any view on the merits, and concluded that the case was suitable for bail. Accordingly, the Court allowed the bail application, directing the applicant to furnish a personal bond of Rs 50,000 with two sureties and to comply with several conditions, including non‑interference with witnesses and attendance at trial dates.
Issues considered
- Whether bail can be granted to an accused under Sections 2(b)(i) and 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act pursuant to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the provisions of Section 19(4) of the Uttar Pradesh GAA Act preclude bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 2(b)(i), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- Section 19(4)
- false implication
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14243 of 2026
Tasleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Arun Kumar Maurya, Santosh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Santosh Kumar Pandey, learned counsel for the applicant, Sri 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. 49 of 2026 under Section 2(b)(i), 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. 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 he has been languishing in jail since 27.3.2026. It is
further submitted that applicant is on bail in the solitary case shown against him in the
gang chart and apart from the above, he is also on bail in five other cases lodged
against him. 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. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
5. Applicant is on bail in the solitary case shown against him in the gang chart and
apart from the above, he is also on bail in five other cases lodged against him.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and also taking into consideration the provision of Section 19(4) of the Act 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 Tasleem 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 :-
BAIL No. 14243 of 2026
2
(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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