Allahabad High Court
RAMESH PASWANversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the applicant subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ramesh Paswan, who was in custody for offences under Sections 109, 352, 351(3) of the same Act and Sections 3 and 25 of the Arms Act. The applicant claimed innocence and argued that no specific role was assigned to him, while the prosecution opposed bail. The court noted that the co‑accused had already been granted bail and that the applicant’s alleged involvement was limited to the recovery of the weapon, with no direct accusation by the victim. After weighing the facts, the nature of the offences, and the risk of tampering, the court found the case suitable for bail without expressing an opinion on the merits. Consequently, bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of conditions to prevent witness intimidation or evidence tampering.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving serious offences under the same Act and the Arms Act.
- Whether the applicant poses a risk of influencing witnesses or tampering with evidence that would justify denial of bail.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 351(3), 352, 483
Subjects
- bail
- criminal procedure
- Section 483 BNS
- Arms Act
- witness intimidation
- evidence tampering
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16733 of 2026
Ramesh Paswan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bankey Lal, Jagat Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Jagat Narayan Mishra, 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 him on bail in Case Crime No.
386 of 2025, under Sections 109, 352, 351(3) BNS and Section
3/25 Arms Act, registered at Police Station Lalauli, District
Fatehpur 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 and he has been languishing in jail since 26.12.2025. It is
further submitted that however, during investigation name of the
applicant has surfaced, however, no specific role has been
assigned to the applicant. It is also submitted that the applicant
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. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
BAIL No. 16733 of 2026
2
5. As per FIR specific role of assault by firm arm has been
assigned to co-accused Manoj@Makil who has granted bail by
learned Sessions Court and name of the applicant has surfaced
during investigation and weapon of offence is said to have been
recovered at the instance of the applicant, however, victim has not
assigned any specific role 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 applicant- Ramesh Paswan involved in the aforesaid
case crime 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 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
BAIL No. 16733 of 2026
3
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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