Allahabad High Court
AYUSH SHARMAversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to Ayush Sharma 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 Ayush Sharma, who was arrested in connection with Crime No. 230 of 2026 involving multiple offences under the BNS and the Criminal Law Amendment Act. The applicant claimed innocence, asserted that co‑accused had already been granted bail, and highlighted that he had suffered a leg injury and had no specific role assigned in the FIR. The State opposed bail, citing the applicant's criminal history and the seriousness of the charges. 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 strict conditions to prevent witness tampering and ensure presence at trial. The order expressly limited its effect to the bail application and did not prejudice the trial court's independent assessment of the evidence.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences and the applicant's criminal history.
- Whether the risk of evidence tampering or intimidation of witnesses warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 125, 191(2), 191(3), 351(3), 352, 483
- Criminal Law Amendment Act — s. 7
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- presumption of innocence
- trial pendency
- sureties
- witness protection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14992 of 2026
Ayush Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Abhishek Mishra, learned counsel for the applicant
and Sri B.P. Maurya, 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.
230 of 2026, under Sections 191(2), 191(3), 125, 109(1), 115(2),
352, 351(3) BNS and Section 7 of Criminal Law Amendment Act,
registered at Police Station Banna Devi, District Aligarh, 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 13.3.2026. It is
further submitted that co-accused Yash Gupta, Shashan Shankar
Sharma, Mohd. Hamza and Prafull Pandit have already been
granted bail by this Court as well as by co-ordinate Bench of this
Court and as per FIR 12 named and 10-12 unknown persons are
said to have indulged in fighting with each, however, no specific
role has been assigned to the applicant and the applicant has
received injury on his leg. It is also submitted that the applicant is
having criminal history, which has been duly explained in the
memo of application. It is also submitted that the applicant
BAIL No. 14992 of 2026
2
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. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
5. Co-accused Yash Gupta, Shashan Shankar Sharma, Mohd.
Hamza and Prafull Pandit have already been granted bail by this
Court as well as by co-ordinate Bench of this Court and as per FIR
12 named and 10-12 unknown persons are said to have indulged
in fighting with each, however, no specific role has been assigned
to the applicant and the applicant has received injury on his leg. T
he 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- Ayush Sharma 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. 14992 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 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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