Allahabad High Court
VIKAS PATELversusSTATE OF U.P.
- Decided
Holding
The court held that the bail application is a fit case for bail and allowed it subject to specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vikas Patel, who was arrested in a case registered under Section 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, asserted that he was falsely implicated, and highlighted that he was already on bail in several other cases while being detained since 7 October 2025. The State opposed the bail, but the court, after reviewing the record and the nature of the evidence, found the circumstances suitable for bail without expressing any view on the merits. Consequently, the court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing conditions such as non‑interference with witnesses, presence at key trial stages, and no seeking of adjournments. The order clarified that it is limited to the bail application and does not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for an accused charged under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s claim of false implication and his existing bail in other matters justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- criminal procedure
- false implication
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2095 of 2026
Vikas Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar
Dubey, Saurabh Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Krishna Kant Dubey along with Shri Santosh Kumar
Dubey learned counsel for the applicant and Shri B.P. Maurya, 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. 412 of 2025, under Section 3(1) of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Aurai, District Bhadohi, 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. It is further
submitted that the applicant is on bail in all the five cases that have been
shown against him in the gang chart, apart from the above, the applicant is
also on bail in two other cases. The applicant is languishing in jail since
07.10.2025, 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 bail of the applicant.
5. Applicant is on bail in all the five cases that have been shown against him
in the gang chart, apart from the above, the applicant is also on bail in two
other cases. The applicant is languishing in jail since 07.10.2025.
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.
BAIL No. 2095 of 2026
2
7. Let the applicant- Vikas Patel involved in the aforesaid case crime shall
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 :-
(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 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.
April 20, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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