Allahabad High Court
GAUTAM GIHARversusSTATE OF U..P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Gautam Gihar, who was charged under Sections 310(4) and 317(2) of the same Act and Sections 3 and 25 of the Arms Act for alleged preparation of dacoity. The applicant claimed innocence, argued that co‑accused Vishal Gihar and Kundan Gihar had already been granted bail, and offered a personal bond with sureties. The State opposed bail, highlighting the applicant’s undisclosed criminal history involving theft offences. After reviewing the facts, evidence, and the similarity of the applicant’s role to that of the co‑accused, the court found the case suitable for bail without expressing any view on the merits. Accordingly, bail was granted on a Rs 50,000 personal bond with two sureties and a set of conditions aimed at preventing tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 310(4), 317(2) BNS and the Arms Act.
- Whether the applicant’s prior criminal history and alleged involvement in the alleged dacoity affect his eligibility for bail.
- Whether the fact that similarly situated co‑accused have been granted bail is determinative for the applicant’s bail.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- dacoity
- criminal history
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15202 of 2026
Gautam Gihar
.....Applicant(s)
Versus
State Of U..P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jadu Nandan Yadav, 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. 30
of 2026, under Sections 310(4), 317(2) BNS and Section 3/25
Arms Act, registered at Police Station Thathiya, District Kannauj
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 24.1.2026. It is
further submitted that similarly placed co-accused Vishal Gihar and
Kundan Gihar have already been granted bail by different co-
ordinate Benches of this Court and the role of the applicant is not
distinguishable from the role of said co-accused. It is further
submitted that five accused persons have been arrested and from
their possession two country-made pistols and some live and
empty cartridges and Rs. 20,100/- are said to have been recovered
and it is alleged that the applicant and other co-accused were
making preparation for committing dacoity.It is further submitted
that applicant is having criminal history which has been duly
BAIL No. 15202 of 2026
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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 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 and it is submitted that the applicant
has explained criminal history of only four cases, however, the
applicant is having criminal history of three more cases relating to
the offence of theft.
5. Similarly placed co-accused Vishal Gihar and Kundan Gihar
have already been granted bail by different co-ordinate Benches of
this Court and the role of the applicant is not distinguishable from
the role of said co-accused. Five accused persons are said to have
been arrested and from their possession two country-made pistols
and some live and empty cartridges and Rs. 20,100/- are said to
have been recovered. The applicant has explained criminal history
of only four cases, however, the applicant is having criminal history
of three more cases relating to the offence of theft as pointed out
by the learned AGA.
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- Gautam Gihar 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.
BAIL No. 15202 of 2026
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(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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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