Allahabad High Court
DEEPAKversusSTATE OF U.P.
- Decided
Holding
The court held that, under Section 19(4) of the Bharatiya Nagarik Suraksha Sanhita, the applicant is entitled to bail despite his criminal history.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Deepak, who was arrested in a case under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, argued that he had been detained since April 2021, and highlighted that he was already on bail in a related solitary case despite a history of 30 other criminal cases. The State opposed the bail, citing the applicant's extensive criminal record and the seriousness of the alleged offenses. After evaluating the facts, the nature of the evidence, and invoking Section 19(4) of the B.N.S.S., the court found the case suitable for bail without commenting on the merits. Consequently, the court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing conditions to prevent tampering with evidence, intimidation of witnesses, and ensuring the applicant's presence at trial dates.
Issues considered
- What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for granting bail to an accused under the U.P. Gangsters and Antisocial Activities (Prevention) Act?
- Whether the applicant's extensive criminal history and pending cases preclude the grant of bail?
- Whether the conditions imposed under Section 19(4) of the B.N.S.S. are sufficient to safeguard the trial process?
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- GAAPA
- Section 19(4)
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15197 of 2026
Deepak
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Arshad
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 Mohd. Arshad, learned counsel for the applicant and Sri
B.P. Maurya, 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.
425 of 2024, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Loni, District
Ghaziabad 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 14.4.2021. 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 criminal history of 30 other cases. 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. 15197 of 2026
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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 criminal history
of 30 other cases.
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- Deepak 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
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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
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