Allahabad High Court
SALMAversusSTATE OF U.P.
- Decided
Holding
The court held that, considering the facts and Section 19(4) of the GAAPA, the case was fit for bail and allowed the application.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Salma, who was arrested in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed innocence, asserted that she was already on bail in a related solitary case, and argued that the trial was likely to be delayed. The State opposed the bail, but the court, after reviewing the record and invoking Section 19(4) of the GAAPA, found the circumstances suitable for bail without commenting on the merits. Consequently, the bail was granted subject to a personal bond of Rs. 50,000 with two sureties and several conditions aimed at preventing 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 can be granted to an accused under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act in a case filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the provisions of Section 19(4) of the GAAPA permit the release of the accused on bail pending trial.
Legislation cited
Subjects
- bail
- criminal procedure
- GAAPA
- B.N.S.S.
- Section 19(4)
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16725 of 2026
Salma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Riyaz Husain, Sayeed Saif Ullah, Sufia
Saba
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Riyaz Hussain, holding brief of Ms. Sufia Saba,
learned counsel for the applicant and Sri Manoj Gautam, 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.
187 of 2026, under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Sadar Bazar, District
Saharanpur 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 3.2.2026. It is
further submitted that the applicant is on bail in solitary case
shown against her in the gang chart and apart from the above, she
is having no other case registered against him. It is further
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.
4. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
BAIL No. 16725 of 2026
2
5. The applicant is on bail in solitary case shown against her in the
gang chart and apart from the above, she is having no other case
registered against him.
6. Upon considering the totality of facts, nature and the evidence
reflected from record and also taking into consideration the
provision of Section 19(4) of the Act 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- Salma 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.
8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
BAIL No. 16725 of 2026
3
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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