Allahabad High Court
TASLEEMversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused subject to 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 Tasleem, who was charged under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023 for a murder‑related offence. The applicant’s counsel argued that he was falsely implicated, not named in the FIR, and had a criminal history that did not indicate a flight risk or likelihood of tampering with evidence. The State’s counsel opposed bail but did not dispute the factual assertions. The court examined the seriousness of the charges, the risk of evidence tampering, and the precedent of a co‑accused being granted bail, and concluded that a bail case existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering, criminal activity, witness intimidation, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the accused poses a risk of fleeing, tampering with evidence, or intimidating witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 310(2), 317(3)
Subjects
- bail
- criminal procedure
- Section 483
- Section 310(2)
- Section 317(3)
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- evidence tampering
- witness intimidation
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16094 of 2026
Tasleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Ji Mishra, Kaushal Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Ramendra Pal Singh, 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, seeking
enlargement on bail in Case Crime No. 22 of 2026, under Sections 310(2),
317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mundali,
District Meerut.
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 03.02.2026. Applicant is not named in the F.I.R.
Learned counsel for the applicant submits that similarly circumstanced co-
accused Sakib has already been enlarged on bail by co-ordinate Bench of
this Court on 10.04.2026 in Criminal Misc. Bail Application No. 11242 of
2026. Applicant has criminal history of seven cases, which is explained in
para no. 2 to 7 of the bail application 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.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
BAIL No. 16094 of 2026
2
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, Tasleem, 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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