Allahabad High Court
VISHAL @ TIGER GAUTAM AND 2 OTHERSversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vishal Gautam and two others who were arrested in connection with a case involving alleged theft of a generator set, an attempt to fire on an informant causing a non‑fatal thigh injury, and alleged violations of the Arms Act. The applicants claimed innocence, argued that the FIR was lodged against unknown persons and that they had been in custody since 30‑Mar‑2026 without any dangerous injury to the victim, and highlighted their minimal prior criminal record. The State opposed bail, citing the seriousness of the offences. After reviewing the record, the Court, without expressing an opinion on the merits, found the circumstances suitable for bail and ordered release on a personal bond of Rs 50,000 with two sureties, subject to 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 independent assessment of the case.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences alleged under Sections 62, 307, 109(1) of the BNS and Sections 3 and 25 of the Arms Act.
- Whether the nature of the alleged offences and the injury sustained by the victim preclude the grant of bail.
- Whether the applicant’s prior criminal history and the possibility of trial delay affect the bail decision.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 307, 483, 62
- Indian Penal Code — s. 307
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- criminal procedure
- Arms Act
- attempted theft
- injury to person
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16722 of 2026
Vishal @ Tiger Gautam And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Vishwakarma, Ram Babu
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri O.P. Vishwakarma, learned counsel for the applicants
and Sri O.P. Singh, 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
applicants with a prayer to release them on bail in Case Crime No.
52 of 2026, under Sections 62, 307, 109(1) BNS and Section 3/25
Arms Act, registered at Police Station Teji Bazar, District Jaunpur,
during pendency of the trial.
3. It has been argued by the learned counsel for the applicants that
applicants are innocent and they have been falsely implicated in
this case and they have been languishing in jail since 30.3.2026. It
is further submitted that FIR has been lodged against unknown and
the name of the applicant has surfaced during investigation. It is
further submitted that none of the injuries of the injured has been
found to be dangerous to life. It is also submitted that the
applicants are having criminal history of one case, which has been
duly explained in the memo of application. It is also submitted that
the applicants undertake that they 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
BAIL No. 16722 of 2026
2
conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicants.
5. FIR has been lodged against unknown and as per FIR some
unknown persons are said to have attempted to commit theft of
generator set and when objected one of them is said to have
opened fire on the first informant as a result of which he has
received injury on his thigh which is non-vital part, however, no
specific role has been assigned to the applicant.
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 applicants- Vishal @ Tiger Gautam, Sandeep and Durgesh
Gautam involved in the aforesaid case crime be released on bail
on their 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 applicants 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 them from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicants 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 applicants shall file an undertaking to the effect that they
shall not seek any unnecessary adjournment on the dates fixed for
BAIL No. 16722 of 2026
3
evidence when the witnesses are present in the trial court.
(v) The applicants shall remain present before the trial court on
each date fixed, either personally or through their 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.
(Jitendra Kumar Sinha,J.)
May 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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