Allahabad High Court
ANURAG SINGHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Anurag Singh, who was arrested in connection with a property dispute case (Crime 223 of 2023) involving offences under Sections 406, 419, 420, 467, 468, 471 and 506 of the IPC. The applicant claimed innocence, argued that the matter was essentially civil, and pointed to the fact that a co‑accused had already been released on bail. The State opposed the bail, contending that the charges were serious. The Court examined the documentary nature of the evidence, the applicant’s limited role, his prolonged pre‑trial detention since 8 Nov 2025, and the heavy pendency of cases, and concluded that bail was appropriate. Accordingly, the bail application was allowed subject to a personal bond of Rs 50,000 and several conditions.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving serious IPC offences
- Whether the dispute, being essentially a civil property matter, affects the grant of criminal bail
- Whether the documentary nature of the evidence and the applicant’s prolonged pre‑trial detention justify bail
- Whether the bail granted to a co‑accused influences the bail decision for the applicant
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Indian Penal Code — s. 406, 419, 420, 467, 468, 471, 506
Subjects
- bail
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- property dispute
- pre‑trial detention
- documentary evidence
- co‑accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42812 of 2025
Anurag Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Tiwari, Arun Kumar
Singh, Surendra Bahadur Singh
Counsel for Opposite Party(s) : Atharva Dixit, G.A., Karan Pandey
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and 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 223 of 2023 under Sections 406, 419,
420, 467, 468, 471, 506 of IPC registered at Police Station- George Town,
District- Prayagraj during pendency of the trial.
3. It has been argued by the learned counsel' for the applicant that applicant
is innocent and he has been falsely implicated in this case and he has been
languishing in jail since 08.11.2025. It is further submitted that it is a case of
civil nature relating to sell and purchase of property given colour of
criminality. It is next submitted that the applicant has committed no offence
as alleged by prosecution and he is student of M.B.A.
4. Learned counsel for the applicant submits that co-accused Raj Kumar
Singh has already been enlarged on bail by another co-ordinate Bench of this
court, vide orders dated 12.02.2026, passed in Criminal Misc. Anticipatory
Bail Application U/S 482 No. 10583 of 2025. He further submits that the
role assigned to the applicant is similar to the role assigned to other co-
accused, who has already been enlarged on bail. It is also 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. On the other hand, learned A.G.A. has opposed the prayer for grant of bail
to the applicant.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and also taking into consideration that the applicant has been in
BAIL No. 42812 of 2025
2
jail since 08.11.2025, that the evidence against him is largely documentary
in nature, that his role is stated to be limited in the alleged transaction, 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.
7. Let the applicant- Anurag Singh 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.
(Jai Prakash Tiwari,J.)
May 12, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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