Allahabad High Court
WAKARversusSTATE OF U.P.
- Decided
Holding
The court held that bail should be granted to the applicant under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Wakar, who is accused in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, alleged false implication, and highlighted that he was already on bail in three other matters. The State opposed the bail, but the court, after reviewing the record and invoking Section 19(4) of the B.N.S.S., found the case suitable for bail without commenting on the merits. The court ordered release on a personal bond of Rs. 50,000 with two sureties and imposed several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail can be granted to an accused under the U.P. Gangsters and Antisocial Activities (Prevention) Act in a case pending trial, pursuant to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 19(4) of the same Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- GAAPA
- Section 19(4)
- conditions of bail
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14296 of 2026
Wakar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Saroj
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sunil Kumar Saroj, learned counsel for the applicant
and Sri J.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.
852 of 2025, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Lisarigate, District
Meerut, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 16.6.2025. It is
further submitted that the applicant is on bail in solitary case shown
against him in the gang chart and apart from the above, the
applicant is also on bail in two other cases. 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.
BAIL No. 14296 of 2026
2
5. The applicant is on bail in solitary case shown against him in the
gang chart and apart from the above, the applicant is also on bail
in two other cases.
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- Wakar 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
BAIL No. 14296 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
Checking your session…