Allahabad High Court
MOHAMMAD SHAMSHER @ SHAMSEERversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, subject to the stipulated conditions.
Summary
The applicant, Mohammad Shamsher, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. He claimed innocence, argued that he had been in custody since March 6, 2026, and pointed to his existing bail in other matters. The State opposed bail, highlighting an additional criminal history involving offences under Sections 323, 324 and 504 of the IPC from 2008. The court, after considering the totality of facts, the nature of the offence, and Section 19(4) of the B.N.S.S., decided that bail was appropriate, without commenting on the merits. The bail was granted on a personal bond of Rs. 50,000 with two sureties, subject to conditions restricting intimidation of witnesses, tampering with evidence, and mandating the applicant’s presence at key trial stages.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite the applicant’s prior criminal history and pending cases.
- Whether the nature of the offence under the U.P. Gangsters and Antisocial Activities (Prevention) Act warrants denial of bail.
- Whether the conditions imposed by the court are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 483
- Indian Penal Code — s. 323, 324, 504
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- B.N.S.S.
- U.P. Gangsters and Antisocial Activities Act
- Section 483
- Section 19(4)
- witness intimidation
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15487 of 2026
Mohammad Shamsher @ Shamseer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pavan Kishore, Sandeep Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Pavan Kishore, learned counsel for the applicant and
Sri Ashish Kumar Tripathi 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. 02
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Sahaswan, District
Budaun, 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 6.3.2026. It is
further submitted that the applicant is on bail in two cases shown
against him in the gang chart and apart from the above, the
applicant is also on bail in another case. 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.
4. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant and it is submitted that the applicant has not
explained his criminal history of one more case relating the
BAIL No. 15487 of 2026
2
offences under Sections 323, 324, 504 IPC of the year 2008.
5. The applicant is on bail in two cases shown against him in the
gang chart and apart from the above, the applicant is also on bail
in another case and he is also having criminal history of one more
case relating the offences under Sections 323, 324, 504 IPC of the
year 2008 as pointed out by the learned AGA.
6. 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.
7. Let the applicant- Mohammad Shamsher @ Shamseer 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. 15487 of 2026
3
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 7, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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