Allahabad High Court
RACHANAversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate and allowed the application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rachana, who had been in custody since 15 April 2026 for alleged participation in a stone‑throwing incident that injured two police officers. The FIR named 36 individuals and 10‑15 unknown persons, but no specific role was attributed to the applicant, who claimed false implication. The State opposed bail, while the applicant’s counsel argued lack of concrete evidence and the risk of prolonged trial. After reviewing the facts and the nature of the evidence, the Court, without opining on the merits, found the case suitable for bail. Consequently, the Court ordered her release on a personal bond of Rs. 50,000 with two sureties, subject to conditions restricting intimidation of witnesses and ensuring presence at trial dates. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the allegations of stone‑throwing and injury to police officers.
- Whether the absence of a specifically assigned role to the applicant justifies bail.
Legislation cited
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- false implication
- stone throwing
- witness intimidation
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15521 of 2026
Rachana
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mukul Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on
record.
2. Heard Sri Mukul Yadav, learned counsel for the applicant, Sri Radhey Shyam,
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 her on bail
in Case Crime No. 119 of 2026 under Sections 109(1), 191(2), 191(3), 190, 221,
126(2), 121(1), 132, 115(2), 352, 351(3) BNS and 7 Criminal Law (Amendment) Act
registered at Police Station Sahawar, District Kasganj during pendency of the trial.
4. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and she has been languishing in jail since 15.4.2026. It
is further submitted that no specific role has been assigned to the applicant. It is
further submitted that as per the FIR, 36 named and 10-15 unknown persons are said
to have pelted stones and bricks on a procession being led by another group of
persons. It is further submitted that two police persons are said to have received
injuries in the alleged incident. It is also submitted that the applicant undertakes that
she 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 the FIR, 36 named and 10-15 unknown persons are said to have pelted
stones and bricks on a procession being led by another group of persons. Two police
persons are also said to have received injuries in the alleged incident, however, no
specific role has been assigned to the applicant and she is in jail since 15.4.2026.
BAIL No. 15521 of 2026
2
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 Rachana involved in the aforesaid case crime be released on bail
on her 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 she 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.
May 7, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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