Created by Fuzzy Cloud

Allahabad High Court

RIYAJUDDINversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the applicant Riyajuddin who was arrested in a case under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in a solitary case, and had no other criminal history. The State opposed the bail, but the court, after reviewing the record and invoking Section 19(4) of the B.N.S.S., found the circumstances suitable for bail without expressing any view on the merits. The court ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to conditions restricting intimidation of witnesses, tampering with evidence, and ensuring his presence at key trial stages. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.

Issues considered

  • Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
  • Whether the provisions of Section 19(4) of the B.N.S.S. justify granting bail despite the pending trial.

Legislation cited

Subjects

  • bail
  • Bharatiya Nagarik Suraksha Sanhita
  • U.P. Gangsters and Antisocial Activities Act
  • Section 19(4)
  • criminal procedure
  • surety
  • witness intimidation
  • trial pendency

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15195 of 2026

Riyajuddin
                                                       .....Applicant(s)
                                Versus

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

Counsel for Applicant(s)                 :   Pawan Kumar Patel
Counsel for Opposite Party(s)            :   G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed by the learned counsel for the
applicant is taken on record.

2. Heard Sri Pawan Kumar Patel, learned counsel for the applicant
and Sri Manoj Gautam, learned AGA for the State-respondents
and perused the record.

3. 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.
101 of 2026, under Section 3(1) of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Duddhi, District
Sonbhadra, during pendency of the trial.

4. 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 10.4.2026. It is
further submitted that the applicant is on bail in solitary case shown
against him in the gang chart and apart from the above, he is
having no other criminal history registered 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.
                                                    BAIL No. 15195 of 2026
                             2


5. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.


6. The applicant is on bail in solitary case shown against him in the
gang chart and apart from the above, he is having no other criminal
history registered against him.

7. 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.

8. Let the applicant- Riyajuddin 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.

9. In case of breach of any of the above conditions, it shall be a
                                                                                       BAIL No. 15195 of 2026
                                                                 3


                                    ground for cancellation of bail.

                                    10. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.