Allahabad High Court
SHAILENDRA KATIYARversusSTATE OF U.P.
- Decided
Holding
The court allowed bail to the applicant.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Shailendra Katiyar, who was arrested in a case under Section 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, argued that he was already on bail in several other related cases, and contended that prolonged detention would be unnecessary given the court’s heavy pendency. The State opposed the bail, citing the seriousness of the alleged offences. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail and imposed a personal bond of Rs 50,000 with two sureties and several conditions to prevent tampering or intimidation of witnesses. The bail was granted subject to compliance with the stipulated conditions, and the order clarified that it does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti Social Activities Act
- conditions of bail
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14439 of 2026
Shailendra Katiyar
.....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. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Ram Babu Singh, learned counsel for the applicant and Shri
O.P.Singh, learned AGA for the State- respondents and perused the record.
3. 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. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Kotwali, District Kannauj, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in all the three cases that have been
shown against him in the gang chart, apart from the above, the applicant is
also on bail in three other cases. The applicant is languishing in jail since
18.03.2026, 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.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. Applicant is on bail in all the three cases that have been shown against
him in the gang chart, apart from the above, the applicant is also on bail in
three other cases. The applicant is languishing in jail since 18.03.2026.
7. 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.
BAIL No. 14439 of 2026
2
8. Let the applicant- Shailendra Katiyar involved in the aforesaid case
crime shall 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 :-
(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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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 7, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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