Allahabad High Court
HONEY SHIVAJIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Honey Shivaji, 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 argued that the FIR did not specifically implicate him, while the State opposed the release. The court examined the nature of the allegations, the applicant's criminal history, and the fact that the trial was likely to be prolonged, without delving into the merits of the case. Finding that the circumstances satisfied the criteria for bail, the judge ordered the applicant's release on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. 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 Honey Shivaji under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 pending trial for multiple offences.
- Whether the applicant's alleged involvement and prior criminal history justify denial of bail.
- Whether the court can impose conditions on bail to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 125, 191, 351, 352, 483
- Criminal Law Amendment Act — s. 7
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- Section 483
- conditions of bail
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15182 of 2026
Honey Shivaji
.....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(2), 109(1), 115(2),
352, 351(3) BNS and Section 7 of Criminal Law Amendment Act,
registered at Police Station Bannadevi, 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 16.3.2206. It is
further submitted that co-accused Ayush Sharma, Yash Gupta and
Prafull Pandit have already been granted bail by this Court. It is
further submitted that as per FIR 12 named and 10-12 unknown
persons are said to have indulged in fighting with each other,
however, no specific role has been assigned to the applicant. It is
further submitted that applicant is having criminal history which has
been duly explained in the memo of application. It is also 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
BAIL No. 15182 of 2026
2
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 Ayush Sharma, Yash Gupta and Prafull Pandit have
already been granted bail by this Court. As per FIR 12 named and
10-12 unknown persons are said to have indulged in fighting with
each other, however, no specific role has been assigned to the
applicant.
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- Honey Shivaji 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.
BAIL No. 15182 of 2026
3
(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 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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