Allahabad High Court
SHARWAN CHAUHANversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Sharwan Chauhan, who was arrested in a case under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in multiple other cases, and had been in custody since 1 January 2026. The State opposed the bail, but the court, after reviewing the record and the applicant’s affidavit, found no reason to deny bail. Without expressing any view on the merits, the court held that the case was fit for bail and ordered release on a personal bond of Rs 50,000 with two sureties, subject to strict conditions. The order also clarified that it does not prejudice the trial court’s future determination of guilt.
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 existing bail status in other cases and the length of his pre‑trial detention justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(i), 2(b)(xi), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster Act
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14952 of 2026
Sharwan Chauhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Vibhor Singh, Karunesh Pratap
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 rcord.
2. Heard Shri Anand Vibhor Singh along with Shri Karunesh Pratap Singh,
learned counsel for the applicant and Shri Uma Shankar Mishra, 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. 850 of 2025, under Sections
2(b)(i), 2(b)(xi) and 3(1) of U.P. Gangster and Anti Social Activities
(Prevention) Act, registered at Police Station Pipraich, District Gorakhpur,
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 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 two other cases. The applicant is languishing in jail since
01.01.2026, 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 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 two
other cases. The applicant is languishing in jail since 01.01.2026.
BAIL No. 14952 of 2026
2
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- Sharwan Chauhan 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 18, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…