Allahabad High Court
BABU ALIversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that, in view of Section 19(4) of the Uttar Pradesh Gangsters Act and the surrounding circumstances, the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Babu Ali, who is charged under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant asserted that he is innocent, not a gang member, and already on bail in other cases, and argued that he poses no flight risk or danger of tampering with witnesses. The State opposed the bail but did not produce any additional charges against him. Applying Section 19(4) of the Gangsters Act and evaluating the facts, the court found the applicant fit for bail. Consequently, bail was granted subject to a personal bond, two sureties, and several conditions to prevent witness intimidation or evidence tampering. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether bail can be granted to an accused under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the applicant poses a risk of fleeing or tampering with witnesses.
- Whether the applicant's prior criminal history precludes the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- gangsters act
- flight risk
- witness tampering
- section 483
- section 19(4)
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44758 of 2025
Babu Ali
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neetu Pal, Priyanka Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Arimardan Yadav, 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 with a prayer to
release him on bail in Case Crime No. 474 of 2024, under Section 3(1) Uttar
Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986,
registered at Police Station Kaptanganj, District Kushinagar, 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. In the gang chart annexed as Annexure No. 3, only one criminal case
has been shown, in which the applicant is on bail. Apart from the gang chart,
a criminal history of two additional cases has been shown against the
applicant, which has been duly explained in paragraph no. 12 of the bail
application, and the applicant is on bail in all those cases as well.
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
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 01.11.2025, undertakes that he will not misuse the liberty, if
BAIL No. 44758 of 2025
2
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 the accused-applicant, Babu Ali, 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 313 of Cr.P.C.
(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.
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
BAIL No. 44758 of 2025
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to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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