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Allahabad High Court

ANKUR TYAGIversusSTATE OF U.P.

Decided

Holding

The bail application is allowed and the applicant is released 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 Ankur Tyagi, who was arrested in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, argued that he was already on bail in two other matters, and pledged not to misuse liberty, while the State highlighted his pending criminal history involving IPC Sections 323, 504 and 506. The Court examined the totality of facts, the nature of the offence, and the provisions of Section 19(4) of the B.N.S.S., without expressing any view on the merits of the underlying case. Finding the circumstances suitable for bail, the Court ordered release on a personal bond of Rs 50,000 with two sureties and imposed conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and clarified that the trial court remains free to reach an independent verdict.

Issues considered

  • Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita to an accused charged under the U.P. Gangsters and Antisocial Activities (Prevention) Act
  • Whether the applicant's prior criminal history and pending cases under the IPC preclude the grant of bail
  • Whether the conditions prescribed under Section 19(4) of the B.N.S.S. are satisfied

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • U.P. Gangsters and Antisocial Activities (Prevention) Act
  • IPC offences
  • surety
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15511 of 2026

Ankur Tyagi
                                                       .....Applicant(s)
                                Versus

State of U.P.
                                                           .....Opposite
                                                                 Party(s)

Counsel for Applicant(s)             :   Chandra Bhushan Tiwari
Counsel for Opposite Party(s)        :   G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Chandra Bhushan Tiwari,, learned counsel for the
applicant and Sri Shiv Dutt Shukla, 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. 86
of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Shahpur, District
Muzaffarnagar, 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 16.4.2026. 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 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. 15511 of 2026
                             2


offences under Sections 323, 504, 506 IPC.


5. 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 another case and he is also having criminal history of one more
case relating the offences under Sections 323, 504 and 506 IPC 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- Ankur Tyagi 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. 15511 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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