Allahabad High Court
SHYAMversusSTATE OF U.P.
- Decided
Holding
The court held that, without expressing any opinion on the merits, the applicant is entitled to bail under the applicable provisions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Shyam, who was arrested in a case under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed innocence, argued that he was already on bail in several other matters and had been detained since 17‑Oct‑2025. The State opposed the bail, but the court, after reviewing the record and the totality of facts, found the case suitable for bail without expressing any view on the merits. Accordingly, bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of conditions, including non‑interference with witnesses and attendance at trial dates. The order clarified that it is limited to the bail application and does not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to an accused charged under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s multiple pending cases and existing bail status affect the decision to grant bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster Act
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45895 of 2025
Shyam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mrityunjay Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Mrityunjay Singh, learned counsel for the applicant and Shri
B.P. Maurya, 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. 170 of 2025, under Section 2/3 of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Mahavan, District Mathura, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in both the cases that have been shown
against him in the gang chart, apart from the above, the applicant is also on
bail in 13 other cases. The applicant is languishing in jail since 17.10.2025,
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.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. Applicant is on bail in both the cases that have been shown against him in
the gang chart, apart from the above, the applicant is also on bail in 13 other
cases. The applicant is languishing in jail since 17.10.2025.
7. Upon considering the totality of facts, nature and the evidence reflected
BAIL No. 45895 of 2025
2
from record 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- Shyam involved in the aforesaid case crime shall 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 :-
(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
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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