Allahabad High Court
ARJUN SINGHversusSTATE OF U.P.
- Decided
Holding
The Court granted bail to the applicant, finding the case fit for release under the applicable provisions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Arjun Singh, who was arrested in a case under the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed he was falsely implicated, had been in custody since December 2025, and had no prior criminal record, noting he was already on bail in a separate case. The State opposed the bail, but the Court, after reviewing the facts and invoking Section 19(4) of the GAA, decided the case was suitable for bail without commenting on the merits. The Court ordered his release on a personal bond of Rs. 50,000 with two sureties and imposed conditions to prevent witness tampering and ensure his presence at trial stages. The order clarified that it was limited to the bail application and did not affect the trial court’s independent assessment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case instituted under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant’s claim of false implication, lack of prior criminal history, and existing bail in another case justify release pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 2(b)(1), 3(1)
Subjects
- bail
- criminal procedure
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15052 of 2026
Arjun Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Chandan Kumar Chaturvedi, Rahul Jain
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rahul Jain, learned counsel for the applicant, Sri J.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. 13 of 2026 under Section 2(b)(1),
3(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, registered
at P.S. Cyber Crime, District Azamgarh during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has
been falsely implicated in this case and he has been languishing in jail since
16.12.2025. It is further submitted that applicant is on bail in the solitary
case shown against him in the gang chart and apart from the above, he has
no criminal history to his credit. It is further submitted that the applicant
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 grant of bail to the
applicant.
5. Applicant is on bail in the solitary case shown against him in the gang
chart and apart from the above, he has no criminal history to his credit.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration the provision of Section 19(4)
of the Act 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. 15052 of 2026
2
7. Let the applicant Arjun Singh 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.
(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 5, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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