Allahabad High Court
HAMDADversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the accused is released on bail 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 Hamdan, who was arrested in connection with a theft case (Crime No.07 of 2026) involving offences under Sections 305, 331(4), 317(2) of the B.N.S. and Sections 9(1)(a)(i) and 25(2) of the Arms Act. The applicant claimed innocence, alleging false implication and that the stolen items were recovered from his possession, while the prosecution opposed bail. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail given the pendency of trial and lack of risk of tampering. The court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions including non‑interference with witnesses and attendance at trial dates. The order expressly limited its scope 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 involving serious offences under the B.N.S. and the Arms Act.
- Whether the conditions imposed are sufficient to prevent tampering with evidence or intimidation of witnesses.
Legislation cited
- Arms Act — s. 25(2), 9(1)(a)(i)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 305, 317(2), 331(4), 351, 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal procedure
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14534 of 2026
Hamdan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Subham Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Subham Singh, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, learned AGA for the State-respondents and
perused the record.
2. At the very outset, learned counsel for the applicant seeks permission
to make necessary correction in the memo of application and he is
permitted to-do-so during the course of the day.
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.07 of 2026, under
Sections 305, 331(4), 317(2) of B.N.S. and Section 9(1)(a)(i), 25(2) Arms
Act, registered at Police Station Kotwali, District Meerut, during
pendency of the trial.
4. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the first information report has
been lodged against unknown and as per first information report, some
jewellery and household articles are said to have been stolen away from
the house of the first informant. It is further submitted that during
investigation, some stolen articles are said to have been recovered from
the possession of the applicant and other co-accused persons. It is further
submitted that the applicant is languishing in jail since 06.01.2026,
undertakes that he will not misuse the liberty, if granted. It has also been
BAIL No. 14534 of 2026
2
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. As per first information report, some unknown persons are said to have
committed theft from the house of the first informant and some other
stolen articles are said to have been recovered from the possession of the
applicant and other co-accused persons. It is further submitted that the
applicant is languishing in jail since 06.01.2026.
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.
8. Let the applicant- Hamdan 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
BAIL No. 14534 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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