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Allahabad High Court

VEER BAHADURversusSTATE OF U.P.

Decided

Holding

The bail application is allowed, and the accused is released on bail 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 Veer Bahadur, who was in custody since 19 April 2025 for offences under Sections 316(5), 318(4), 351(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, no prior criminal record, and that he had deposited the full outstanding amount of Rs.1,66,000 as directed by the court. The State did not contest these submissions. The Court examined the nature of the accusations, the severity of possible punishment, and the risk of evidence tampering or witness intimidation, and found a case for bail existed. Consequently, the bail application was allowed, subject to a personal bond, two reliable sureties, and conditions prohibiting tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.

Issues considered

  • Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the charges under the Bharatiya Nyaya Sanhita, 2023.
  • Whether there exists a reasonable apprehension of evidence tampering or witness intimidation that would justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • evidence tampering
  • witness intimidation
  • sureties

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 22393 of 2025

Veer Bahadur
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Noor Muhammad,             Yogesh        Kumar
                                Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed by learned counsel for the applicant, today in
the Court, is taken on record.

Heard Shri Yogesh Kumar Srivastava, learned counsel for the applicant, Shri
Arimardan Yadav, learned AGA for the State-respondents and perused the
record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, seeking
enlargement on bail in Case Crime No. 75 of 2025, 316(5), 318(4), 351(2),
317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Hariparvat,
District Agra during the pendency of the trial before the Court below.

Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is contended that the applicant has been languishing in jail
since 19.04.2025.

Learned counsel further submits that, in pursuance of the order dated
26.02.2026 passed by this Court, the applicant has deposited the entire
outstanding amount of Rs. 1,66,000/- in the account of the first informant.
A copy of the receipt dated 16.03.2026 in this regard has been annexed as
Annexure No. SA-1 to the supplementary affidavit.

It is also submitted that the applicant has no criminal antecedents and
                                                                                                       BAIL No. 22393 of 2025
                                                                         2


                                    there is no likelihood of the applicant absconding or tampering with
                                    evidence in case he is released on bail. Accordingly, it is prayed that the
                                    applicant be enlarged on bail.

                                    Learned AGA has not disputed the submissions made by learned counsel for
                                    the applicant.

                                    Considering all above facts and circumstances, the nature of accusations,
                                    severity of the punishment in the case of conviction and nature of supporting
                                    evidence, reasonable apprehension of tampering with the witness and prima
                                    facie, but without commenting on merit of case, a case for bail is made out.

                                    Accordingly, the bail application is allowed.

                                    Let the accused-applicant, Veer Bahadur, involved in above mentioned
                                    case crime number be released on bail, on his executing a personal bond
                                    and two reliable sureties each, in the like amount to the satisfaction of the
                                    court concerned, subject to the following conditions:

                                    1. The applicant will not tamper with the evidence.

                                    2. The applicant will not indulge in any criminal activity.

                                    3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
                                    operate in the trial.

                                    4. The applicant will appear regularly on each and every date fixed by the trial court,
                                    unless his personal appearance is exempted through counsel by the court concerned.

                                    In the event of breach of any of the aforesaid conditions, the court below
                                    will be at liberty to proceed to cancel his bail.



                                                                                                  (Ashutosh Srivastava,J.)
                                    April 20, 2026
                                    Vibha Singh




Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad


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