Allahabad High Court
SURAJ SINGHversusSTATE OF U.P.
- Decided
Holding
The Court allowed the bail application and ordered the release of Suraj Singh on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Suraj Singh, who was arrested in connection with a case involving multiple offences under the BNS and Section 66D of the IT Act. The applicant claimed innocence and pointed to the bail already granted to co‑accused Dhruv Sahni and Akhand Pratap Singh, arguing that his role was similar and that he would not misuse liberty. The State opposed bail, citing the seriousness of the charges. 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 strict conditions to prevent tampering or 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 evidence.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences and the pendency of trial
- Whether the bail granted to co‑accused Dhruv Sahni and Akhand Pratap Singh is determinative of the applicant's eligibility for bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336, 338, 340, 341, 3(5), 351(3), 483, 61(2)
- Information Technology Act, 2000 — s. 66D
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- IT Act Section 66D
- co‑accused
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15506 of 2026
Suraj Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashutosh, learned counsel for the applicant and Sri
Radhey Shyam, 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. 76
of 2026, under Sections 318(4), 351(3), 336, 338, 340, 341, 3(5)
and 61(2) BNS and Section 66D of IT Act, registered at Police
Station AIIMS, District Gorakhpur, 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 23.3.2026. It is
further submitted that co-accused Dhruv Sahni and Akhand Pratap
Singh@Vikki Singh have already been granted bail by this Court
and the role of the applicant is not distinguishable from the role of
co-accused Dhruv Sahni. 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.
BAIL No. 15506 of 2026
2
5. Co-accused Dhruv Sahni and Akhand Pratap Singh@Vikki
Singh have already been granted bail by this Court and the role of
the applicant is not distinguishable from the role of co-accused
Dhruv Sahni and as per FIR the bank account of the first informant
was being operated by co-accused Dhruv Sahni and he was
having cheque book and ATM card in his possession and the bank
account of the first informant is said to have been freezed by the
Bank.
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- Suraj 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
BAIL No. 15506 of 2026
3
date fixed, either personally or through his counsel.
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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