Allahabad High Court

RANJEET RAJBHARversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The Court held that bail is appropriate and allowed the application.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ranjeet Rajbhar, who is charged under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant pleaded innocence, asserted no gang affiliation, and argued there was no risk of flight or witness tampering. The State opposed the bail but did not present additional charges. Relying on Section 19(4) of the GASA Act and after evaluating the facts, the Court found the case suitable for bail without commenting on the merits. Bail was granted subject to a personal bond, two sureties, and specific conditions to prevent intimidation of witnesses and ensure the applicant’s presence at trial stages.

Issues considered

Whether bail can be granted to an accused under the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of Section 19(4) of the Act.
Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses warranting denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 19(4), 2, 3

Subjects

bail
criminal procedure
Uttar Pradesh Gangsters and Anti‑Social Activities Act
Bharatiya Nagarik Suraksha Sanhita
Section 19(4)
witness intimidation
flight risk

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8350 of 2026

Ranjeet Rajbhar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Babu Lal Ram, Kamlesh Kumar
Rajbhar
Counsel for Opposite Party(s) : G.A.

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

Heard Shri Babu Lal Ram, learned counsel for the applicant, Ms. Anita
Singh, Brief Holder 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 Ranjeet
Rajbhar, with a prayer to release him on bail in Case Crime No. 508 of
2025, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social
Activities (Prevention) Act, 1986, registered at Police Station Kokhraj,
District Kaushambi, 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. Solitary case 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 20.05.2025, 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.
BAIL No. 8350 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, Ranjeet Rajbhar 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. 8350 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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