Allahabad High Court
CHAND BABUversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Chand Babu, who was arrested in connection with offences under Sections 307, 399, 402, 411, 34 of the IPC and Sections 3 and 25 of the Arms Act. The applicant claimed innocence, alleged false implication, and highlighted that three co-accused had already been granted bail while he had been in custody since 7 October 2023. The State opposed bail, pointing to the recovery of jewellery, cash, pistols, live cartridges, a horse and birds, and the applicant's prior criminal history involving three other cases. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions. The order emphasized that it does not prejudice the trial court's independent assessment of the evidence.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under the IPC and Arms Act despite the seriousness of the alleged offences and the applicant's criminal history
- Whether the fact that co-accused have been granted bail and the pendency of the trial justify the release of the applicant
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 307, 34, 399, 402, 411
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- Arms Act
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15503 of 2026
Chand Babu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramanuj Tiwari
Counsel for Opposite Party(s) : G.A., Rakesh Chandra Pathak
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Computer generated bail orders filed by the learned counsel for
the applicant are taken on record.
2. Heard Sri Ram Chandra Kant Tripathi, holding brief of Sri
Ramanuj Tiwari, learned counsel for the applicant and Sri Shiv Dutt
Shukla, 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.
0235 of 2023, under Sections 307, 399, 402, 411/34 IPC and 3/25
Arms Act, registered at Police Station Kuthaund, District Jalaun at
Orai 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 7.10.2023. It is
further submitted that some jewellery of yellow and white metal and
Rs. 1,88,450 in cash and four country-made pistols and some live
cartridges, one horse and two birds are said to have been
recovered from the possession of the applicant and six other co-
accused. It is further submitted that three co-accused have already
been granted bail by a co-ordinate Bench of this Court. It is also
BAIL No. 15503 of 2026
2
submitted that the applicant is having criminal history of three
cases and he is on bail in all the cases. 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.
5. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
6. As per FIR, some jewellery of yellow and white metal and Rs.
1,88,450 in cash and four country-made pistols and some live
cartridges, one horse and two birds are said to have been
recovered from the possession of the applicant and six other co-
accused. Three co-accused have already been granted bail by a
co-ordinate Bench of this Court. The applicant is having criminal
history of three cases and he is on bail in all the cases.
7. 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.
8. Let the applicant- Chand Babu 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
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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
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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