Allahabad High Court
ABDUL RAHMANversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, and the applicant is released on bail subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Abdul Rahman, who was arrested in connection with offences under multiple sections of the same Act and the Copyright Act. The applicant contended that he was falsely implicated, had no prior criminal record, and that procedural requirements such as videography under Section 105 of the BNS were not complied with. The State opposed bail, arguing that the recovery of contraband was made by government officers. 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 with conditions to prevent tampering with evidence and intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court's independent assessment of the case.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite alleged non‑compliance with Section 105 videography requirement.
- Whether the seriousness of the offences under Sections 274, 275, 338, 336(3), 340(2), 318(2) BNS and Sections 63/65 of the Copyright Act precludes bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 274, 275, 318(2), 336(3), 338, 340(2), 351, 483
- Copyright Act, 1957 — s. 63, 65
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Section 105
- procedural compliance
- copyright infringement
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15504 of 2026
Abdul Rahman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Swati Agrawal Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Miss Swati Agrawal, 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. 54
of 2026, under Sections 274, 275, 338, 336(3), 340(2), 318(2) BNS
and Section 63/65 Copyright Act, registered at Police Station
Haldaur, District Bijnor, 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 4.3.2026. It is
further submitted that there is no compliance of Section 105 BNSS
and no videography has been done and alleged recovery is
doubtful. It is further submitted that applicant is having no criminal
history. 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 recovery has
BAIL No. 15504 of 2026
2
been made by government officers.
5. As per allegations in the FIR, banquet hall of the applicant is
said to have been raided on a complaint that tobacco products are
said to have been manufactured in the name of Gagan Pan
Masala, however, mandatory provisions of Section 105 BNSS have
not been complied with as no videography has been done.
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- Abdul Rahman 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. 15504 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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