Allahabad High Court
SHIVA SISODIYA @ SHIVA RANA @ HARSH SINGHversusSTATE OF U.P.
- Decided
Holding
The court held that bail is appropriate and allowed the application.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shiva Sisodiya, who was arrested in a case under Section 2/3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant asserted his innocence, pointed out that he was already on bail in a solitary case and five other matters, and argued that continued detention would be unjust given the heavy pendency of cases. The State opposed the bail. Relying on Section 19(4) of the B.N.S.S. and without expressing any view on the merits, the court found the matter fit for bail and ordered his release on a personal bond with strict conditions. The order expressly limited its effect to the bail application and affirmed that the trial court remains free to reach independent conclusions based on evidence.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita to an accused charged under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- Whether the existence of multiple pending cases and bail in other matters precludes the grant of bail in the present case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Uttar Pradesh Gangsters and Antisocial Activities Act
- Section 483
- Section 19(4)
- court backlog
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15471 of 2026
Shiva Sisodiya @ Shiva Rana @ Harsh Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Singh Sengar, Vijay Singh Sengar
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 Ajay Singh Sengar, learned counsel for the applicant
and Sri Ashish Kumar Tripathi, 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.
173 of 2026, under Section 2/3 (1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Auraiya,
District Auraiya, 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 1.4.2026. 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, the
applicant is also on bail in five 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. 15471 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, the applicant is also on bail
in five 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- Shiva Sisodiya @ Shiva Rana @ Harsh Singh
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.
BAIL No. 15471 of 2026
3
9. In case of breach of any of the above conditions, it shall be a
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 7, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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