Allahabad High Court
SHAHID @ SAHILversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused, subject to a personal bond, sureties, and strict 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 FIR was filed late and against unknown persons, and that he had no risk of fleeing or tampering with evidence despite a history of 24 prior cases. The State opposed bail, citing the seriousness of the offences and risk of witness intimidation. After weighing the delay in filing the FIR, the nature of the accusations, and the applicant's bail history, the court found a case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, criminal activity, witness intimidation, 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 view of the seriousness of offences under Sections 317(2) and 305 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and the manner of the applicant's inclusion in the charge‑sheet justify denial of bail.
- Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2)
Subjects
- bail
- criminal procedure
- Section 483
- Section 317(2)
- Section 305
- delay in FIR
- witness tampering
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7791 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, learned AGA 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. 615 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. He further submitted that the
F.I.R. dated 05.10.2025 was lodged against unknown persons, whereas
the alleged incident is stated to have occurred on 27.09.2025, and no
plausible explanation has been furnished for the delay in lodging the
F.I.R.
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 07.12.2025, whereupon cognizance was taken on
02.01.2026. It is submitted that no further custodial interrogation of the
BAIL No. 7791 of 2026
2
applicant is required. The applicant is in jail since 05.12.2025.
Learned counsel further submitted that the criminal antecedents of 24
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
fleeing from the course of justice or tampering with the prosecution
evidence in case he is released on bail. Hence, 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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