Allahabad High Court
TAUSIF KHANversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and allowed the bail application.
Summary
The applicant, Tausif Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release while facing trial under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. He contended that he was falsely implicated, had been in custody since 16‑April‑2026, and was already on bail in three related cases with no prior criminal record. The State opposed the bail, invoking the seriousness of the alleged offences. The court, after considering the facts, the provisions of Section 19(4) of the GAAPA and without expressing a view on the merits, found the case suitable for bail. Accordingly, the court ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent witness tampering and ensure his presence at trial stages.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case instituted under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant's prior bail in related cases and lack of criminal history justify release.
- Whether the risk of witness intimidation or evidence tampering warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 3(1)
Subjects
- bail
- criminal procedure
- GAAPA
- B.N.S.S.
- Section 483
- Section 19(4)
- witness intimidation
- surety bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14261 of 2026
Tausif Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohammad Tausif, Saddam Husain
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Saddam Hussain, learned counsel for the applicant, Sri BP 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. 298 of 2025 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Balua District Chandauli
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 16.4.2026. It is
further submitted that applicant is on bail in all the three cases shown against him in
the gang chart and apart from the above, he has no criminal history to his credit. 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 all the three cases shown against him in the gang chart and
apart from the above, he has no criminal history to his credit.
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 Tausif Khan 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. 14261 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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