Allahabad High Court

TAHIR AHMADversusSTATE OF U.P.

Decided: 11 May 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The Court granted bail to the accused, subject to personal bond, sureties and 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 accused Tahir Ahmad, who was charged under Sections 305, 317(2) and 331(4) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, alleged false implication, and pointed to a similar co‑accused who had already been released on bail by a coordinate bench. The State opposed bail but did not dispute the factual background. The Court examined the nature of the offences, the severity of the prescribed punishment, the risk of evidence tampering and witness intimidation, and the applicant’s prior criminal history. Finding a prima facie case but no substantial risk of absconding or tampering, the Court granted bail subject to standard conditions. The order directed the applicant to execute a personal bond and provide two reliable sureties.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under Sections 305, 317(2) and 331(4) of the Bharatiya Nyaya Sanhita, 2023.
Whether the risk of tampering with evidence, intimidation of witnesses, or flight justifies denial of bail.
Whether the bail granted to a co‑accused in a similar case mandates similar relief for the applicant.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2), 331(4)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
witness tampering
co‑accused parity
court conditions

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16130 of 2026

Tahir Ahmad
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Shashi Dhar Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Shashi Dhar Shukla, 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, seeking
enlargement on bail in Case Crime No. 172 of 2024, under Sections 305,
317(2), 331(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station
Kalwari, District Basti.

Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant has been languishing in
jail since 27.07.2024.

Learned counsel for the applicant further contended that a similarly
situated co-accused, namely Abhishek Nigam, has already been enlarged
on bail by a co-ordinate Bench of this Court vide order dated 24.02.2025
passed in Criminal Misc. Bail Application No. 46265 of 2024. It is also
submitted that the applicant has a criminal history of 12 cases, which has
been duly explained in paragraphs no. 12 and 13 of the bail application.
Counsel further submitted that in most of the cases, the applicant has
already been granted bail and there is no likelihood of the applicant
fleeing from the course of justice or tampering with the prosecution
evidence in the event of his release on bail. Accordingly, prayer has been
BAIL No. 16130 of 2026
2

made to enlarge the applicant on bail.

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
out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Tahir Ahmad, 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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