Allahabad High Court
SHAHID @ SAHILversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court allowed the bail application, granting bail with 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 Shahid @ Sahil, who was charged under Sections 317(2) and 305 of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that he was falsely implicated, that the additional charge was added later based on informant information, and that he had no likelihood of fleeing or tampering with evidence, citing his bail status in 25 other cases. The State opposed bail, emphasizing the seriousness of the offences and risk of witness tampering. After weighing the nature of the accusations, potential for evidence tampering, and the applicant's criminal antecedents, the court found a case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving Sections 317(2) and 305 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the addition of Section 317(2) to the FIR creates a risk of witness tampering or flight justifying denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 305, 317(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 305
- Section 317(2)
- Section 483
- witness tampering
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7760 of 2026
Shahid @ Sahil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Belal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Mohammad Belal, learned counsel for the applicant, Shri Shashank
Singh, Brief Holder 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, Shahid @
Sahil, seeking enlargement on bail in Case Crime No. 614 of 2025, under
Sections 317(2) & 305 of the Bharatiya Nyaya Sanhita, 2023, Police Station
Hapur Nagar, District Hapur during the pendency of the trial before the
Court below.
Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is contended that initially the F.I.R. was registered only under
Section 305 of the B.N.S., and during the course of investigation, Section
317(2) B.N.S. was subsequently added. It is further argued that the name
of the applicant surfaced only on the basis of information allegedly
received by the informant. After completion of investigation, charge-sheet
was submitted against the applicant on 10.12.2025, whereupon
cognizance was taken on 02.01.2026. It is submitted that no further
custodial interrogation of the applicant is required. The applicant is in jail
since 05.12.2025.
Learned counsel further submitted that the criminal antecedents of 25
cases sufficiently explained in para no. 2 of the supplementary affidavit,
applicant is on bail in most of the cases and there is no likelihood of his
BAIL No. 7760 of 2026
2
fleeing from the course of justice or tampering with the prosecution
evidence in case he is released on bail. On the aforesaid grounds, prayer
for bail has been made.
Learned AGA has vehemently opposed the prayer for bail.
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, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Shahid @ Sahil, 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.)
May 7, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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