Allahabad High Court
GUDDUversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Guddu, who is charged under Sections 317(2), 317(4), 317(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that a co‑accused had already been released on bail and that, despite a criminal history, he posed no risk of fleeing, tampering with evidence or intimidating witnesses. The State opposed the bail but did not dispute the factual background. The court examined the nature and severity of the alleged offences, the prima facie case and the possibility of witness tampering, and concluded that a case for bail existed. Accordingly, the court ordered the applicant’s release on bail subject to a personal bond, two sureties and specific conditions, reserving the right to cancel bail on breach.
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 and risk of tampering with evidence or witness intimidation
- Whether the prior grant of bail to a co‑accused influences the decision to grant bail to the applicant
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(4), 317(5), 318(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- evidence tampering
- witness intimidation
- Section 483
- Sections 317
- Sections 318
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16136 of 2026
Guddu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Pandey, Purushottam Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Purushottam Pandey, learned counsel for the applicant, Shri
Shashank Singh, Brief Holder 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, Guddu,
seeking enlargement on bail in Case Crime No. 61 of 2026, under Sections
317(2), 317(4), 317(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police
Station Bhamaura, District Bareilly.
Learned counsel for the applicant further contended that similarly situated
co-accused, namely Lalaram, has already been enlarged on bail by this
Court vide order dated 23.04.2026 passed in Criminal Misc. Bail
Application No. 10986 of 2026.
It is also submitted that the applicant has a criminal history of four cases;
however, in two of the cases, the applicant has already been granted bail,
while in the remaining two cases, the applicant is not named in the F.I.R.
Counsel further submitted that 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. 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. 16136 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, Guddu, 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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