Allahabad High Court
AKASH KOSTHAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita as the case meets the criteria of Section 19(4) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Akash Kostha who was arrested in a case under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant claimed false implication, highlighted that he was already on bail in five related cases and had no prior criminal record, and pointed to the bail granted to co‑accused Saurabh Singh. The State opposed the bail. After reviewing the facts, the nature of the offence, and applying Section 19(4) of the Act, the court, without expressing any view on the merits, found the case fit for bail and ordered release on a personal bond with specified conditions. The order emphasized that any breach of conditions would lead to cancellation of bail and clarified that the order does not prejudice the trial court’s independent assessment of evidence.
Issues considered
- Whether bail should be granted to the accused under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act pending trial.
- Whether the applicant’s lack of prior criminal history and existing bail in related cases justify granting bail.
- Whether the requirements of Section 19(4) of the Act are satisfied in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 3(1)
Subjects
- bail
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5203 of 2026
Akash Kostha
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manoj Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on
record.
2. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri B.P. Singh,
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. 70 of 2023 under Section 3(1) of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Sachendi, District Kanpur
Nagar during pendency of the trial.
4. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 03.4.2024. It is
further submitted that applicant is on bail in all the five cases shown against him in the
gang chart and apart from the above, he has no criminal history to his credit. It is
further submitted that co-accused Saurabh Singh has already been granted bail by a
Co-ordinate Bench of this Court vide order dated 20.3.2024 passed in Crl. Misc. Bail
Application No. 9945 of 2024. It is further 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. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
6. Applicant is on bail in all the five cases shown against him in the gang chart and
apart from the above, he has no criminal history to his credit. Co-accused Saurabh
Singh has already been granted bail by a Co-ordinate Bench of this Court.
7. 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
BAIL No. 5203 of 2026
2
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 Akash Kostha 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.
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
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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