Allahabad High Court
HIMANSHU @ PIYUSH @ BHANJA @ KATTAR BANIYAversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an accused in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he was falsely implicated, had been in custody since June 2025, and was already on bail in several other matters. 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 the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and clarified that the trial court remains free to decide the case on its merits.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the U.P. Gangsters and Antisocial Activities (Prevention) Act
- Whether the criteria under Section 19(4) of the B.N.S.S. are satisfied to justify bail
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities Act
- Section 483
- Section 19(4)
- conditions of bail
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15482 of 2026
Himanshu @ Piyush @ Bhanja @ Kattar Baniya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Computer generated bail order filed by the learned counsel for
the applicant is taken on record.
2. Heard Sri Sanjay Yadav, 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.
372 of 2025, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Kotwali, District
Mainpuri 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 12.6.2025. 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 eight 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. 15482 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 eight 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- Himanshu @ Piyush @ Bhanja @ Kattar
Baniya 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. 15482 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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