Allahabad High Court
YOGESH KUMAR GUPTA @ BHOLAversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate and granted it subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Yogesh Kumar Gupta, who was arrested in a case registered under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he was falsely implicated, had been in custody since July 2025, and had no prior criminal record except for a separate case in which he was already on bail. The State, represented by the Additional Government Advocate, opposed the bail. After reviewing the facts, the nature of the evidence, and invoking Section 19(4) of the GAAPA, the Court found the circumstances suitable for bail without commenting on the merits. Consequently, the Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions regarding non‑interference with witnesses and attendance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- Whether the provisions of Section 19(4) of the GAAPA permit bail in the present circumstances
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- GAAPA
- B.N.S.S.
- Section 19(4)
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14275 of 2026
Yogesh Kumar Gupta @ Bhola
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sunil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sunil Kumar, 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. 08 of 2026 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Bhoganipur, District Kanpur
Dehat 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 07.7.2025. 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 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 the solitary case 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 Yogesh Kumar Gupta @ Bhola 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. 14275 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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