Allahabad High Court
NAUSHAD ALIAS TOLAversusSTATE OF U.P.
- Decided
Holding
The court held that bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to prescribed 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 Naushad alias Tola, who was arrested in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he had been falsely implicated, had been in custody since 25‑03‑2026, and was already on bail in nine other criminal matters. The State, represented by the Additional Government Advocate, opposed the bail on grounds of the seriousness of the offences and the risk of tampering with evidence. After reviewing the record and invoking Section 19(4) of the U.P. GAA Act, the court, without expressing any view on the merits, found the case suitable for bail. Accordingly, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent intimidation of witnesses or evidence tampering. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determinations.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the provisions of Section 19(4) of the U.P. GAA Act justify the grant of bail despite the seriousness of the alleged offences.
- Whether the risk of witness intimidation or evidence tampering warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 2, 3
Subjects
- bail
- criminal procedure
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Section 483
- Section 19(4)
- surety
- false implication
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15528 of 2026
Naushad Alias Tola
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Jay Prakash Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jay Prakash Yadav, learned counsel for the applicant, Sri B.P. Maurya,
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. 116 of 2026 under Section 2/3 of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Sector-39, District Gautam
Budh Nagar during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 25.3.2026. It is
further submitted that applicant is on bail in all the four cases shown against him in
the gang chart and apart from the above, he is also on bail in five other cases lodged
against him. 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.
5. Applicant is on bail in all the four cases shown against him in the gang chart and
apart from the above, he is also on bail in five other cases lodged against him.
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 Naushad Alias Tola 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 :-
BAIL No. 15528 of 2026
2
(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.
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.
May 7, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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