Allahabad High Court

DHARMENDRA GUPTA @ BECHUversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court held that bail is appropriate and granted the application.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Dharmendra Gupta, who was charged under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986. The applicant asserted innocence, denied any gang affiliation, and claimed no risk of fleeing or tampering with witnesses, while the State offered no additional evidence beyond the charge. The court examined the nature of the allegations, the applicant's conduct, and the provisions of Section 19(4) of the GAAPA, without expressing a view on the merits. Finding the circumstances suitable for bail, the court ordered release on personal bond and two sureties, imposing conditions to prevent witness intimidation and evidence tampering. The order expressly limited its scope to the bail application and did not prejudice the trial court's future judgment.

Issues considered

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

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 19(4), 2(b)(xvii), 3(1)

Subjects

bail
criminal procedure
GAAPA
B.N.S.S.
Section 483
flight risk
witness tampering
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7525 of 2026

Dharmendra Gupta @ Bechu
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ankit Mishra
Counsel for Opposite Party(s) : G.A.

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

Heard Shri Vikas Mishra, Advocate, under the authority of Shri Ankit
Mishra, learned counsel for the applicant, Shri Rajesh 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 Dharmendra
Gupta @ Bechu, with a prayer to release him on bail in Case Crime No. 39
of 2026, under Section 2 (b) (xvii), 3(1) Uttar Pradesh Gangsters and Anti
Social Activities (Prevention) Act, 1986, registered at Police Station
Mehnagar, District Azamgarh, 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. Six 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 02.02.2026, 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. 7525 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, Dharmendra Gupta @ Bechu 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. 7525 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

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