Allahabad High Court
SAJID KHANversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to specified 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 Sajid Khan, who was arrested in connection with a case under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that he was falsely implicated, had no prior criminal record, and that co‑accused had already been granted bail. The State opposed bail but did not dispute the applicant’s claim of innocence. The Court examined the seriousness of the alleged offences, the risk of evidence tampering, and the prima facie nature of the case, and concluded that bail could be granted with conditions. Accordingly, the Court ordered the release of the applicant on personal bond and two sureties, subject to conditions against tampering, criminal activity, intimidation of witnesses, and mandatory court appearances.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges.
- Whether there is a sufficient risk of tampering with evidence or intimidation of witnesses to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal procedure
- presumption of innocence
- witness tampering
- sureties
- personal bond
- section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5108 of 2026
Sajid Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Singh
Counsel for Opposite Party(s) : Gaurav Kumar Srivastava, G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Sanjay Singh, learned counsel for the applicant, Shri Gaurav
Kumar Srivastava, learned A.G.A. for the informant and Shri Arimardan
Yadav, learned AGA for the State-respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, seeking
enlargement on bail in Case Crime No. 95 of 2025, under Sections 318(4),
319(2), 61(2), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023,
Police Station Kotwali, District Rampur.
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 09.12.2025. Applicant is not named in the F.I.R.
His name came into existence during investigation of the case. Learned
counsel for the applicant submits that similarly circumstanced co-accused
namely Ishrat and Smt. Shahana have already been enlarged on bail by this
Court as well as by the co-ordinate Bench of this Court on 16.04.2026 and
18.02.2026 in Criminal Misc. Bail Application No. 12755 of 2026 & 4952
of 2026. Applicant has no criminal antecedent and 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,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
BAIL No. 5108 of 2026
2
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, Sajid Khan, 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.
(Ashutosh Srivastava,J.)
April 21, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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