Allahabad High Court
BRIJBHANversusSTATE OF U.P.
- Decided
Holding
The Court allowed the bail application, granting bail to the accused with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Brijbhan, who was lodged in a case under Sections 2(b)(1) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that he was already on bail in other related cases, and argued that the trial was likely to be delayed. The State opposed bail, highlighting a prior criminal history involving matrimonial offences under IPC Sections 498‑A, 323 and 504. After reviewing the record, the Court, without commenting on the merits, found the circumstances suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, imposing standard bail conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s prior criminal history under the IPC warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 323, 498-A, 504
- U.P. Gangster and Anti Social Activities (Prevention) Act — s. 2(b)(1), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster Act
- IPC offences
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16697 of 2026
Brijbhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipul Kumar Singh, Vivek Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Vipul Kumar Singh, learned counsel for the applicant and Shri
B.P Maurya, learned AGA for the State- respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No. 134 of 2026, under Sections
2(b)(1), 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act,
registered at Police Station Mubarakpur, District Azamgarh, during
pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in both the cases that have been shown
against him in the gang chart, apart from the above, there is no other case
registered against him. The applicant is languishing in jail since 08.04.2026
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court, there is
no likelihood of any early conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant
and it has been submitted by him that the applicant is having criminal history
of one case relating to some matrimonial offence under Sections 498-A, 323,
504 of I.P.C.
5. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, there is no other case registered against
him. The applicant is languishing in jail since 08.04.2026 and applicant is
having criminal history of one case relating to some matrimonial offence
under Sections 498-A, 323, 504 of I.P.C. as pointed out by learned AGA.
BAIL No. 16697 of 2026
2
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is allowed.
7. Let the applicant- Brijbhan involved in the aforesaid case crime shall be
released on bail on his furnishing a personal bond of Rs. 50,000/- with two
sureties each in the like amount to the satisfaction of the Court concerned :-
(i) The applicant shall not directly or indirectly make any inducement, threat,
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer
or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
May 18, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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