Allahabad High Court

BAHARE ALAMversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The bail application is allowed; the accused is released on bail subject to 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 Bahare Alam, who was charged under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed innocence, asserted no gang affiliation, and argued there was no risk of flight or witness tampering. The State opposed the bail but did not present any additional material. After reviewing the record and invoking Section 19(4) of the Gangsters Act, the court, without commenting on the merits, found the case suitable for bail. The court ordered release on bail subject to a personal bond, two sureties, and several conditions aimed at preventing intimidation of witnesses and ensuring the applicant’s presence at trial stages. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.

Issues considered

Whether bail can be granted to an accused under the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of Section 19(4) of the Act.
Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 19(4), 2, 3

Subjects

bail
criminal procedure
gangster act
anti‑social activities
sureties
witness intimidation
Section 19(4) of UGASA

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7502 of 2026

Bahare Alam
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Ajay Kumar Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Ajay Kumar Srivastava, learned counsel for the applicant, Shri
Manoj Kumar Singh, learned AGA for the State-respondents and perused the
record.

The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant Bahare Alam,
with a prayer to release him on bail in Case Crime No. 02 of 2026, under
Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities
(Prevention) Act, 1986, registered at Police Station Sahaswan, District
Budaun, during pendency of the trial.

It has been submitted by learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in this case due to ulterior
motive. Ten cases of criminal history have sufficiently been explained.

It is further submitted that the applicant is not a member or leader or
organizer of a gang and he has not abetted or assisted in the activities of a
gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no
criminal history except the aforesaid case. It is next submitted that there is
also no possibility of the applicant either fleeing away from the judicial
process or tampering with the witnesses. The applicant, who is languishing
in jail since 10.01.2026, 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.
BAIL No. 7502 of 2026
2

Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but has not pointed out any other case against the applicant except the cases
shown by learned counsel for the applicant.

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. Hence, the present bail application is allowed.

Let applicant, Bahare Alam be released on bail in the aforesaid case crime
number on his furnishing a personal bond and two reliable sureties of 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.

In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

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
BAIL No. 7502 of 2026
3

unaffected by anything said in this order.

(Ashutosh Srivastava,J.)
March 19, 2026
Deepak/

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…