Allahabad High Court
PRAMOD BAIGAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Pramod Baiga, who was arrested in a case registered under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant contended that he was falsely implicated, was already on bail in five other related cases, and that co‑accused Satyapal and Gunjan @ Lambu had been granted bail by the same court. The State opposed the bail, but the court examined the totality of facts, the nature of the offence, and the applicant’s bail history without delving into the merits of the underlying case. Finding the circumstances suitable for bail, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties of equal amount, subject to strict conditions. The order expressly limited its observations to the bail application and clarified that the trial court remains free to decide the case on its merits. The bail was granted with conditions to prevent tampering with evidence, intimidation of witnesses, and to ensure the applicant’s presence at all trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
- Whether the applicant’s existing bail status in other cases and the bail granted to co‑accused affect the decision.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
Subjects
- bail
- criminal procedure
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- Bharatiya Nagarik Suraksha Sanhita
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8267 of 2026
Pramod Baiga
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Chandra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri Rakesh Chandra Dwivedi, learned counsel for the applicant
and Shri B.P. Singh, learned AGA for the State- respondents and perused the
record.
3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No. 59 of 2025, under Section 3(1) of
U.P. Gangster and Anti Social Activities (Prevention) Act, registered at
Police Station Ghorawal, District Sonebhadra, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant is on bail in all the five cases that have been
shown against him in the gang chart, apart from the above, the applicant is
also on bail in four other cases. It is further submitted that co-accused
Satyapal and Gunjan @ Lambu have already been granted bail by the Co-
ordinate Bench of this Court vide order dated 24.06.2025 passed in Criminal
Misc. Bail Application No.18213 of 2025. The applicant is languishing in
jail since 29.01.2025, 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.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. Applicant is on bail in all the five cases that have been shown against him
BAIL No. 8267 of 2026
2
in the gang chart, apart from the above, the applicant is also on bail in four
other cases. It is further submitted that co-accused Satyapal and Gunjan @
Lambu have already been granted bail by the Co-ordinate Bench of this
Court vide order dated 24.06.2025 passed in Criminal Misc. Bail
Application No.18213 of 2025. The applicant is languishing in jail since
29.01.2025.
7. Upon considering the totality of facts, nature and the evidence reflected
from record 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.
8. Let the applicant- Pramod Baiga involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. 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.
May 5, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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