Allahabad High Court
SALMANversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is to be granted to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Salman, who was arrested in a case under Section 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. Salman claimed innocence, asserted that he was the only person on bail in the gang chart and had no other pending cases, and argued that the trial would be delayed. The State opposed the bail. After reviewing the record and invoking Section 19(4) of the GAA Act, the Court, without expressing any view on the merits, found the circumstances suitable for bail. Accordingly, the Court ordered his release on a personal bond of Rs. 50,000 with two sureties and imposed conditions to prevent witness tampering and ensure his presence at trial stages. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered under the U.P. Gangsters and Antisocial Activities (Prevention) Act.
- Whether the provisions of Section 19(4) of the U.P. Gangsters and Antisocial Activities (Prevention) Act permit bail in the present circumstances.
- Whether the risk of evidence tampering or witness intimidation justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 3(1)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Section 19(4)
- Section 483
- witness protection
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16763 of 2026
Salman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Keshari Nandan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Keshari Nandan Singh, 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. 34
of 2026, under Section 3(1) of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Rohaniya, District
Varanasi 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 15.1.2026. It is
further submitted that the applicant is on bail in solitary case shown
against him in the gang chart and apart from the above, he is
having no other case registered against him. It is further 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. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
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5. The applicant is on bail in solitary case shown against him in the
gang chart and apart from the above, he 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- Salman 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
ground for cancellation of bail.
9. It is clarified that anything said in this order is limited to the
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3
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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