Allahabad High Court
FIROJversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail is appropriate and allowed the application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Firoj, who is accused in a case under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant pleaded innocence, claiming false implication, and asserted that he has no gang affiliation, no prior criminal record apart from the present case, and poses no risk of fleeing or tampering with witnesses. The State opposed bail but did not produce any additional incriminating material beyond the charges already disclosed. Relying on Supreme Court precedents that multiple pending cases do not, by themselves, justify denial of bail, the Court examined the statutory criteria under Section 19(4) of the Act. Finding the circumstances suitable for bail and without expressing an opinion on the merits, the Court ordered the release of the applicant on personal bond and sureties with standard conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determinations.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986.
- Whether the presence of multiple pending criminal cases or the nature of the alleged gang‑related offence precludes bail under Section 19(4) of the Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Uttar Pradesh Gangsters Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 19(4)
- Section 483
- risk of flight
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3185 of 2026
Firoj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Ji Mishra, Kaushal Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Kaushal Kumar Pandey, learned counsel for the applicant, Shri
Yagyavalk Pandey, learned AGA for the State-respondents and perused the
record.
The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant Firoj, with a
prayer to release him on bail in Case Crime No. 341 of 2025, under Section
2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act,
1986, registered at Police Station Daurala, District Meerut, during pendency
of the trial.
It has been submitted by learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in this case due to ulterior
motive. 26 cases of criminal history have sufficiently been explained.
Learned counsel for the applicant has placed reliance upon a decisions of
Apex Court passed in the case of Prabhakar Tewari Vs. State of U.P. and
another, 2020 (11) SCC 648, and Abhimanue etc. versus State of Kerala,
reported in 2025 INSC 1136 wherein the Hon'ble Supreme Court has
observed that pendency of several criminal cases against an accused may
itself cannot be a basis for refusal of bail.
It is further submitted that the applicant is not a member or leader or
organizer of a gang and he has not abetted or assisted in the activities of a
BAIL No. 3185 of 2026
2
gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no
criminal history except the aforesaid case. It is next submitted that there is
also no possibility of the applicant either fleeing away from the judicial
process or tampering with the witnesses. The applicant, who is languishing
in jail since 10.12.2025 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.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but has not pointed out any other case against the applicant except the cases
shown by learned counsel for the applicant.
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.
Let applicant, Firoj be released on bail in the aforesaid case crime number
on his furnishing a personal bond and two reliable sureties of 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.
BAIL No. 3185 of 2026
3
In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
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.
(Ashutosh Srivastava,J.)
February 27, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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