Allahabad High Court

MOHD. AKIBversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The Court held that bail should be granted to the applicant under the applicable statutory provisions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mohd. Akib, who is charged under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant asserted that he is innocent, not a gang member, and poses no risk of fleeing or tampering with witnesses, while the State opposed bail without raising additional allegations. The Court examined the nature of the offence, the applicant’s conduct, and the provisions of Section 19(4) of the Gangsters Act, concluding that bail is appropriate despite the seriousness of the charge. The bail was granted subject to a personal bond, two sureties, and strict conditions prohibiting intimidation of witnesses, tampering with evidence, and seeking adjournments. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.

Issues considered

Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986.
Whether the applicant poses a risk of flight, witness intimidation, or evidence tampering warranting denial of bail.
Whether the provisions of Section 19(4) of the Uttar Pradesh Gangsters Act permit bail in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 19(4), 3(1)

Subjects

bail
criminal procedure
anti‑social activities act
gangster legislation
flight risk
witness tampering
Section 483 B.N.S.S.
Uttar Pradesh law

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7523 of 2026

Mohd. Akib
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)

Counsel for Applicant(s) : Shipra Kureel, Sudhir Kumar Agarwal
Counsel for Opposite Party(s) : G.A.

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

Heard 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 Mohd. Akib, with a prayer to
release him on bail in Case Crime No. 535 of 2021, under Section 3 (1) of Uttar
Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at
Police Station Rohaniya, District-Varanasi, 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. Two 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 12.12.2021, 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.

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.
BAIL No. 7523 of 2026
2

Let applicant, Mohd. Akib, 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 unaffected by anything said in this order.

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

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

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