Allahabad High Court
SABIRversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sabir, who was arrested in a case under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant asserted that he was falsely implicated, was already on bail in related matters, and highlighted that a co‑accused, Noor Alam, had been granted bail. The State opposed the relief, pointing to the applicant’s criminal history of eight cases. After reviewing the record and invoking Section 19(4) of the B.N.S.S., the Court found the circumstances suitable for bail without expressing any view on the merits. Consequently, bail was granted on a personal bond of Rs 50,000 with two sureties and a set of conditions regarding non‑interference with witnesses and mandatory presence at trial dates.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to an accused charged under the U.P. Gangsters and Antisocial Activities (Prevention) Act despite prior criminal history
- Whether the applicant’s claim of false implication and the bail granted to a co‑accused affect the decision
- Whether the provisions of Section 19(4) of the Bharatiya Nagarik Suraksha Sanhita justify the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 19(4), 351, 483
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act — s. 2, 3
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangsters and Antisocial Activities Act
- false implication
- witness intimidation
- Section 19(4)
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6292 of 2026
Sabir
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anand Kumar Mishra, Arun Kumar, Sandeep
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Anand Kumar Mishra, learned counsel for the applicant, Sri Shiv Dutt
Shukla, learned AGA for the State-respondents and perused the record.
2. 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. 435 of 2025 under Section 2/3 of U.P. Gangsters and
Antisocial Activities (Prevention) Act, registered at P.S. Nauchandi, District Meerut
during pendency of the trial.
3. 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 10.12.2025. It
is further submitted that applicant is on bail in both the cases shown against him in the
gang chart and apart from the above, he has criminal history of eight cases which has
been explained in the supplementary affidavit. It is further submitted that co-accused
Noor Alam has already been granted bail by Co-ordinate Bench of this Court vide
order dated 16.1.2026 passed in Crl. Misc. Bail Application No. 955 of 2026. 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.
4. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
5. Applicant is on bail in both the cases shown against him in the gang chart and apart
from the above, he has criminal history of eight cases which has been explained in the
supplementary affidavit. Co-accused Noor Alam has already been granted bail by a
Co-ordinate Bench of this Court.
6. 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.
BAIL No. 6292 of 2026
2
Hence, the present bail application is ALLOWED.
7. Let the applicant Sabir 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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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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