Allahabad High Court
VANSH GOSWAMIversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the applicant with specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vansh Goswami, who was arrested in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that he was falsely implicated, was already on bail in a related solitary case, and had no other pending cases, while the State opposed the bail. After reviewing the record, the court, without expressing an opinion on the merits, found the circumstances suitable for bail. The court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, imposing conditions to prevent tampering with evidence and intimidation of witnesses. The order clarified that it was limited to the bail application and did not prejudice the trial court's independent assessment of the case.
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 U.P. Gangster and Anti‑Social Activities (Prevention) Act
- Whether the applicant's claim of innocence, lack of other pending cases, and existing bail in a related case justify the grant of bail
- What conditions may be imposed on bail to safeguard the trial process
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- Section 483
- Section 351
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14443 of 2026
Vansh Goswami
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Bharti
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Divyanshu, holding brief of Shri Pankaj Bharti, learned
counsel for the applicant and Shri O.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. 55 of 2026, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Mirapur, 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. It is further
submitted that the applicant is on bail in the solitary case that has been
shown against him in the gang chart, apart from the above, there is no other
case registered against him. The applicant is languishing in jail since
07.04.2026, 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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
5. Applicant is on bail in the solitary case that has been shown against him in
the gang chart, apart from the above, there is no other case registered against
him. The applicant is languishing in jail since 07.04.2026.
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.
BAIL No. 14443 of 2026
2
7. Let the applicant- Vansh Goswami 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.
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 7, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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