Allahabad High Court
DEEPAK HARIJANversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, and the applicant is released on bail subject to prescribed conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Deepak Harijan, who was arrested in a case under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he was falsely implicated, had been in custody since 21‑08‑2024, and was already on bail in three other matters, asserting that he would not misuse liberty. The State, represented by the Additional Government Advocate, opposed the bail. After reviewing the facts, the nature of the offence, and invoking Section 19(4) of the relevant Act, the Court found the case suitable for bail without expressing any view on the merits. Accordingly, the Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions regarding non‑interference with witnesses and attendance at trial dates.
Issues considered
- Whether bail may be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita to an accused in a case under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant's claim of false implication and existing bail in other cases justify granting bail.
- Whether the conditions imposed under Section 19(4) of the Act are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- false implication
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15053 of 2026
Deepak Harijan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Dhiraj Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Dhiraj Singh, learned counsel for the applicant, Sri B.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. 180 of 2024 under Section 3(1) of
U.P. Gangsters and Antisocial Activities (Prevention) Act, registered at P.S.
Kotwali Dehat, District Mirzapur 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
21.8.2024. 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 is also on
bail in two other cases lodged against him. 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 is also on bail in two other cases lodged
against him.
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
BAIL No. 15053 of 2026
2
to be a fit case for bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Deepak Harijan 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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