Allahabad High Court
RITIK TYAGI @ GOLUversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the accused is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a charge under Section 109(1) of the same Act and Sections 3, 5, 25 and 28 of the Arms Act. The applicant, Ritik Tyagi, claimed innocence, stating that no police officer was injured and that he himself sustained a leg injury, while a 32‑bore pistol and three live cartridges were recovered from his possession. The State opposed bail, alleging that the applicant is a habitual offender with two prior similar offences. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to several conditions. The order expressly limited its effect to the bail application and clarified that the trial court remains free to decide the case on its merits.
Issues considered
- Whether bail should be granted to the accused under Section 483 BNS and Arms Act charges despite alleged possession of a firearm and prior criminal history
- Whether the absence of injury to police personnel and the applicant's own injury influence the bail decision
- Whether the court may impose conditions on bail in such offences
Legislation cited
- Arms Act — s. 25, 28, 3, 5
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 483
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- habitual offender
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14330 of 2026
Ritik Tyagi @ Golu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Shanker Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Shyam Shanker Pandey, 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. 49
of 2026, under Section 109(1) BNS and Sections 3/5/25/28 Arms
Act, registered at Police Station Civil Line, District Muzaffar Nagar
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 2.3.2026. It is
further submitted that the no police personnel is said to have
received any injury of fire arm in the alleged incident and on the
contrary the applicant is said to have received injury on his leg. It is
also submitted that one pistol of 32 bore and three live cartridges
are said to have been recovered from the possession of the
applicant. It is further submitted that applicant is having criminal
history which has been duly explained in the memo of application.
It is also 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
BAIL No. 14330 of 2026
2
likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant and it is submitted that the applicant is
a habitual offender and he is having two criminal history of similar
nature.
5. No police personnel is said to have received any injury of fire
arm in the alleged incident and on the contrary the applicant is said
to have received injury on his leg. It is also submitted that one
pistol of 32 bore and three live cartridges are said to have been
recovered from the possession of the applicant. The applicant is
having criminal history which has been duly explained in the memo
of application.
6. Upon considering the totality of facts, nature and the evidence
reflected from record 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- Ritik Tyagi @ Golu 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.
BAIL No. 14330 of 2026
3
(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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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