Allahabad High Court
SMT ROOBIversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application and ordered the release of the applicant on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Smt. Roobi, who was arrested in connection with a case (Crime No. 469 of 2023) involving multiple IPC offences including rioting, assault, and attempt to murder, as well as a provision of the Criminal Law Amendment Act. The applicant contended that she was falsely implicated, had no prior criminal record, and that the FIR did not attribute any specific role to her nor record any life‑threatening injury to police personnel. The State opposed bail, arguing the seriousness of the charges. The court examined the nature of the allegations, the absence of any dangerous injury to police, the applicant's clean record, and the prolonged pendency of the trial, and concluded that these factors made the case suitable for bail. Without expressing any view on the merits, the judge ordered that bail be granted on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the offences alleged against the applicant.
- Whether the applicant's lack of prior criminal history and alleged false implication justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process and prevent interference with evidence or witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 147, 148, 149, 307, 323, 333, 336, 353, 504, 506
Subjects
- bail
- criminal procedure
- Section 483 B.N.S.S.
- IPC offences
- false implication
- no prior criminal record
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16717 of 2026
Smt Roobi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Asif
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Mohammad Asif, learned counsel for the applicant
and Sri Radhey Shyam, 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 her on bail in Case Crime No.
469 of 2023, under Sections 147, 148, 149, 323, 504, 506, 307,
333, 336, 353 of IPC and Section 7 of Criminal Law Amendment
Act, registered at Police Station Khandauli, District Agra, during
pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and she has been falsely implicated in this
case and she has been languishing in jail since 8.4.2026. It is
further submitted that as per FIR nine named and 8-10 unknown
persons are said to have assaulted the police personnel, however,
no police personnel is said to have received any injury which is
dangerous to life. It is further submitted that applicant is having no
criminal history. It is also submitted that the applicant undertakes
that she 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.
BAIL No. 16717 of 2026
2
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
5. As per FIR nine named and 8-10 unknown persons are said to
have assaulted the police personnel, however, no police personnel
is said to have received any injury which is dangerous to life and
no specific role has been assigned to the applicant. The applicant
is having no criminal history.
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- Smt Roobi involved in the aforesaid case crime
be released on bail on her furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions :-
(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.
BAIL No. 16717 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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