Allahabad High Court
RAKESH SHAKYAversusSTATE OF U.P.
- Decided
Holding
The court held that, notwithstanding the pending charges, the applicant is entitled to bail as the case falls within the ambit of Section 483 B.N.S.S. and Section 19(4) of the GAA Act permits bail.
Summary
Rakesh Shakya was arrested in connection with Crime No. 49 of 2025 under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. He filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting false implication and noting that a co‑accused had already been released on bail and that he was on bail in three other matters. The State opposed the bail, emphasizing the seriousness of the alleged offence. The court examined the record, the provisions of Section 19(4) of the GAA Act and the nature of the evidence, and, without expressing a view on the merits, found the case suitable for bail. Consequently, the court ordered his release on a personal bond of Rs 50,000 with two sureties, imposing conditions to prevent witness intimidation or evidence tampering, and clarified that the order does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case instituted under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
- Whether the applicant’s multiple pending cases affect his eligibility for bail
Legislation cited
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- Section 483
- Section 19(4)
- witness intimidation
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31609 of 2025
Rakesh Shakya
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajeev Kumar Singh Parmar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri 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. 49 of 2025 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Kampil, District Farrukhabad
during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 14.7.2025. It is
further submitted that co-accused Pramod Sharma has already been granted bail by
Co-ordinate Bench of this Court vide order dated 09.10.2025 passed in Crl. Misc. Bail
Application No. 26054 of 2025. It is further submitted that applicant is on bail in the
solitary case shown against him in the gang chart and apart from the above, he is also
on bail in three other cases lodged 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.
5. Applicant is on bail in the solitary case shown against him in the gang chart and
apart from the above, he is also on bail in three other cases lodged against him. Co-
accused Pramod Sharma has already been granted bail by Co-ordinate Bench of this
Court.
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.
BAIL No. 31609 of 2025
2
7. Let the applicant Rakesh Shakya 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 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 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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