Allahabad High Court
AKHIL PAL ALIAS ATUL ALIAS SIKANDARversusSTATE OF U.P.
- Decided
Holding
The court held that the circumstances warranted the grant of bail and allowed the application.
Summary
The applicant, Akhil Pal, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release while facing a charge under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. He claimed false implication, highlighted that he was already on bail in three related cases, and disclosed a history of 15 other cases. The State, represented by the learned A.G.A., opposed the bail. The court, after considering the nature of the offence, the evidence, and Section 19(4) of the GAAPA, concluded that the case was suitable for bail without commenting on the merits. Accordingly, bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of strict conditions, including non‑interference with witnesses and mandatory presence at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case instituted under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act, considering his criminal history and pending cases.
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
- false implication
- witness intimidation
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14267 of 2026
Akhil Pal Alias Atul Alias Sikandar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ram Babu Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ram Babu Singh, 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. 203 of 2025 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Kotwali, District Kannauj
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 03.1.2024. 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 criminal history of 15 cases which has
been explained in the memo of application. 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 criminal history of 15 cases which has been explained in
the memo of application.
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 Akhil Pal Alias Atul Alias Sikandar involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with
BAIL No. 14267 of 2026
2
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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