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Allahabad High Court

RAZABversusSTATE OF U.P.

Decided

Holding

Bail was granted to the accused on the condition of personal bond, sureties, and compliance with stipulated 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 the accused Razaz, who was charged with multiple offences under the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel argued that the FIR contained only generic allegations, that no specific charge was made against him, that he had no prior criminal record, and that co‑accused Mudassar and Muzaffi had already been granted bail. The State opposed bail but did not dispute these factual submissions. The Court examined the nature and severity of the accusations, the risk of evidence tampering, and the existence of a prima facie case, and concluded that despite these concerns bail could be granted. Accordingly, the Court ordered the release of the applicant on personal bond and sureties, subject to conditions prohibiting tampering, intimidation, further criminal activity, and mandating regular court appearances.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the charges and the prima facie case.
  • Whether the risk of flight, evidence tampering, or witness intimidation justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • prima facie case
  • witness tampering
  • flight risk

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 38381 of 2025

Razab
                                                             .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)              :   Mayank Yadav, Srijan Pandey
Counsel for Opposite Party(s)         :   Ashutosh Dwivedi, G.A.

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

Heard learned counsel for the applicant, Sri Ramendra Pal Singh, learned
AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of the accused-applicant seeking
enlargement on bail in Case Crime No. 318 of 2025, under Sections 191(2),
191(3), 190, 333, 131, 115(2), 352, 351(2), 74, 109(1) of the Bharatiya
Nyaya Sanhita, 2023, Police Station Singhawali Ahir, District Baghpat.

Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 01.09.2025. He submits that in the FIR only
general allegations have been levelled against all the accused who are 8 in
number. He submits that no specific allegation has been levelled against the
applicant. He submits that FIRs have been lodged by both the sides against
each other and persons of both the sides have received injury. Learned
counsel for the applicant submits that similarly circumstanced co-accused
Mudassar and Muzaffi have already been enlarged on bail by the Co-
ordinate Bench of this Court vide order dated 17.04.20256 in Criminal Misc.
Bail Application No. 41921 of 2025. He submits that the applicant has no
criminal antecedent to his credit. He further submits that there is no
likelihood of his fleeing from course of justice or tampering with evidence in
case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
                                                                                               BAIL No. 38381 of 2025
                                                                      2


                                    but could not dispute the aforesaid fact.

                                    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 case, but without commenting on merit of case, a case for bail is made
                                    out.

                                    Accordingly, the bail application is allowed.

                                    Let the accused-applicant, Razab, 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.

                                    April 20, 2026
                                    pks

                                                                                          (Ashutosh Srivastava,J.)




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

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