Allahabad High Court
RAJAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that, despite the seriousness of the charges, there was no likelihood of the accused fleeing or tampering with evidence, and therefore bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita was warranted.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita on behalf of Raja, who was arrested in connection with Crime No. 187 of 2025 involving offences under the Indian Penal Code and the Arms Act. The applicant argued that he was falsely implicated, had no prior criminal record, and that a similarly situated co‑accused had already been granted bail. The State opposed the bail but did not dispute the earlier bail order. The court examined the nature of the accusations, the severity of the possible punishment, and the risk of evidence tampering or flight, and concluded that no such risk existed. Accordingly, the court ordered the release of Raja on bail subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita despite the seriousness of the charges.
- Whether the prior grant of bail to a co‑accused on similar facts is relevant to the present application.
- Whether there is a likelihood of the accused fleeing, tampering with evidence, or intimidating witnesses.
Legislation cited
- Arms Act — s. 25, 27, 3
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Indian Penal Code — s. 109(1), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- Arms Act
- evidence tampering
- co‑accused
- trial court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6170 of 2026
Raja
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashfaq Ahmed Ansari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ashfaq Ahmed Ansari, learned counsel for the applicant and
Shri Arimardan Yadav, learned A.G.A. 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, Raja,
seeking enlargement on bail in Case Crime No. 187 of 2025, under
sections 109 (1), 190, 191 (2), 191 (3), 352, 3 (5) BNS and Section
3/25/27 Arms Act, Police Station-Badagaon, District-Saharanpur.
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 06.09.2025. Learned counsel for the
applicant submits that only general allegations have been levelled against
the applicant. Learned counsel for the applicant submits that similarly
circumstanced co-accused Samar @ Chhotu, has already been enlarged on
bail by this Court in Criminal Misc. Bail Application No. 45823 of 2025
vide order dated 2302.2026. Applicant has no criminal antecedents 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 fact that similarly circumstanced aforesaid co-
accused has already been granted bail by this Court.
Considering all above facts and circumstances, the nature of accusations,
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.
BAIL No. 6170 of 2026
2
Let the accused-applicant, Raja, 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.)
March 19, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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