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Allahabad High Court

IMTIYAZ ALIversusSTATE OF U.P.

Decided

Holding

The court held that the absence of any real likelihood of flight or tampering justified granting bail, subject to strict conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Imtiyaz Ali, who was charged under IPC sections 413, 414, 420, 468, 469 and 471. The applicant claimed innocence, alleged false implication, and pointed to a co‑accused who had already been granted bail in a similar case. The State opposed bail but did not dispute the facts. The Court examined the nature of the accusations, the severity of possible punishment, and the risk of evidence tampering, concluding that there was no substantial likelihood of the applicant fleeing or interfering with the trial. Consequently, the bail application was allowed subject to personal bond, sureties and specific conditions. The order also empowered the lower court to cancel bail if conditions are breached.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite serious IPC charges
  • Whether there is a risk of the accused fleeing, tampering with evidence or intimidating witnesses

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita
  • witness tampering
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 15144 of 2026

Imtiyaz Ali
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                      :   Rakesh Pati Tiwari
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Rakesh Pati Tiwari, learned counsel for the applicant, Shri
Arimardan Yadav, learned AGA for the State-respondents and perused the
record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 171 of 2024, under Sections 413,
414, 420, 468, 469, 471 of I.P.C., Police Station Hafizganj, District Bareilly.



Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant has been languishing in
jail since 28.03.2026.

Learned counsel for the applicant further contended that a similarly
situated co-accused, namely Shakeel, has already been enlarged on bail by
a co-ordinate Bench of this Court vide order dated 25.02.2026 passed in
Criminal Misc. Bail Application No. 6006 of 2026.

It is also submitted that the applicant has a criminal history of three cases,
which has been duly explained in paragraph no. 13 of the bail application.
Counsel further submitted that the applicant has already been granted bail
in two of the said cases, while in the remaining case, charge-sheet has
already been submitted against him. It has further been argued that there
                                                                                                       BAIL No. 15144 of 2026
                                                                         2


                                    is no likelihood of the applicant fleeing from the course of justice or
                                    tampering with the prosecution evidence in the event of his release on
                                    bail. Accordingly, prayer has been made to enlarge the applicant on bail.

                                    Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
                                    but could not dispute the aforesaid fact.

                                    Considering all above facts and circumstances, the nature of accusations,
                                    severity of the punishment in the case of conviction and nature of supporting
                                    evidence, reasonable apprehension of tampering with the witness and prima
                                    facie case, but without commenting on merit of case, a case for bail is made
                                    out.

                                    Accordingly, the bail application is allowed.

                                    Let the accused-applicant, Imtiyaz Ali, involved in above mentioned case
                                    crime number be released on bail, on his executing a personal bond and two
                                    reliable sureties each, in the like amount to the satisfaction of the court
                                    concerned, subject to the following conditions:

                                    1. The applicant will not tamper with the evidence.

                                    2. The applicant will not indulge in any criminal activity.

                                    3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
                                    operate in the trial.

                                    4. The applicant will appear regularly on each and every date fixed by the trial court,
                                    unless his personal appearance is exempted through counsel by the court concerned.

                                    In the event of breach of any of the aforesaid conditions, the court below
                                    will be at liberty to proceed to cancel his bail.



                                                                                                  (Ashutosh Srivastava,J.)
                                    May 12, 2026
                                    Vibha Singh




Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad


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