Allahabad High Court
VIVEKversusSTATE 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 Vivek, who was in custody for offences under Sections 309(4), 312, 317(4), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel contended that he was falsely implicated, had no prior record, and that a co‑accused had already been granted bail in a similar case. The State opposed bail but did not dispute the factual background. The court examined the seriousness of the charges, the possibility of evidence tampering, and the prima facie case, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered release on bail upon execution of a personal bond and two sureties, subject to conditions against tampering, criminal activity, intimidation of witnesses, and regular appearance.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the offences charged.
- Whether there is a risk of tampering with evidence or intimidation of witnesses that would justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 312, 317(4), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- evidence tampering
- witness intimidation
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16101 of 2026
Vivek
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Bajpai
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Arimardan Yadav, 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. 85 of 2025, under Sections 309(4),
312, 317(4), 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita,
2023, Police Station Asothar, District Fatehpur.
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 13.05.2025. Learned counsel for the applicant
submits that similarly circumstanced co-accused Akash Babu has already
been enlarged on bail by co-ordinate Bench of this Court on 12.01.2026 in
Criminal Misc. Bail Application No. 428 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.
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
BAIL No. 16101 of 2026
2
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vivek, 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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