Allahabad High Court
ABID ALIAS GABBARversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is fit for bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the applicant Abid alias Gabbar, who was arrested in a case under Sections 2 and 3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed false implication, highlighted that he was already on bail in a related case and that a co‑accused had been granted bail. The State opposed the bail, citing the applicant’s criminal history of six other cases. The Court, after reviewing the record and invoking Section 19(4) of the B.N.S.S., found the applicant fit for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent witness tampering and ensure his presence at trial. The order expressly stated that it does not comment on the merits of the case and that any breach of conditions would lead to cancellation of bail.
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 U.P. Gangsters and Antisocial Activities (Prevention) Act despite his criminal history.
- Whether the applicant’s claim of false implication and the bail granted to a co‑accused affect the decision on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities Act
- false implication
- witness tampering
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34320 of 2025
Abid Alias Gabbar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rakesh Kumar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on
record.
2. Heard Sri Rakesh Kumar Maurya, learned counsel for the applicant, Sri Ashish
Kumar Tripathi, learned AGA for the State-respondents and perused the record.
3. 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. 469 of 2025 under Section 2/3 of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Quarsi, District Aligarh
during pendency of the trial.
4. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 17.6.2025. 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 has criminal history of six cases which has
been explained in the supplementary affidavit filed today. It is further submitted that
co-accused Monu Kumar @ Monu Gautam has already been granted bail by a Co-
ordinate Bench of this Court vide order dated 08.7.2025 passed in Crl. Misc. Bail
Application No. 22603 of 2025. 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.
5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
6. Applicant is on bail in the solitary case shown against him in the gang chart and
apart from the above, he has criminal history of six cases which has been explained in
the supplementary affidavit filed today. Co-accused Monu Kumar @ Monu Gautam
has already been granted bail by a Co-ordinate Bench of this Court.
BAIL No. 34320 of 2025
2
7. 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.
8. Let the applicant Abid Alias Gabbar 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
May 5, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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