Allahabad High Court
CHANCHALversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to specified 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 the accused Chanchal, who was detained in connection with a case under Sections 318(4), 319(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant's counsel argued that he was falsely implicated, had no prior criminal record, and posed no risk of fleeing or tampering with evidence, citing that a co‑accused in similar circumstances had already been granted bail. The State opposed the bail but did not dispute the factual assertions. The court examined the seriousness of the offences, the possibility of witness tampering, and the prima facie case, and concluded that bail could be granted subject to strict conditions. Accordingly, the bail application was allowed, with the applicant required to furnish a personal bond, two sureties, and comply with conditions prohibiting evidence tampering, criminal activity, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- What is the appropriateness of granting bail to an accused charged under Sections 318(4), 319(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023?
- Does the accused pose a risk of fleeing, tampering with evidence, or intimidating witnesses that would justify denial of bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- evidence tampering
- witness intimidation
- conditions of bail
- Section 483
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16004 of 2026
Chanchal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashvani Kumar Tiwari
Counsel for Opposite Party(s) : G.A., Mansi Mishra, Pramod Kumar
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Supplementary affidavit filed by learned counsel for the applicant, today in
the Court, which is taken on record.
Heard Shri Ashvani Kumar Tripathi, learned counsel for the applicant, Shri
Bijendra Kumar, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Chanchal,
seeking enlargement on bail in Case Crime No. 947 of 2025, under Sections
318(4), 319(2), 336(3), 338, 340(2), 61(2) of the Bharatiya Nyaya Sanhita,
2023, Police Station Bisrakh, District Gautam Buddha.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 11.12.2025. Learned counsel for the applicant
submits that similarly circumstanced co-accused Indramani @ Raja @ Indra,
has already been enlarged on bail by this Court on 26.04.2026 in Criminal
Misc. Bail Application No. 10180 of 2026. Applicant has no criminal
antecedent and there is no likelihood of his fleeing from course of justice or
tampering with evidence in case of release on bail. Hence, bail has been
prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
BAIL No. 16004 of 2026
2
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Chanchal, involved in above mentioned case
crime number be released on bail, on his executing a personal bond and two
reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court,
unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 12, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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