Allahabad High Court
NISHAR AHMAD AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court of Allahabad considered a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Nishar Ahmad and Ateek Ahmad, accused in a case under Sections 305‑A, 331(4), 317(2) and 317(4) of the Bharatiya Nyaya Sanhita, 2023. The applicants claimed innocence, argued that the FIR was lodged against an unknown person and that they had been in judicial custody since November 2025 with no further custodial interrogation required. The State opposed bail, citing the seriousness of the offences and risk of evidence tampering. The court examined the nature of the accusations, the severity of possible punishment, and the possibility of witness intimidation, and concluded that a case for bail existed despite the prima facie concerns. Consequently, the court granted bail subject to a personal bond, sureties and conditions prohibiting tampering, criminal activity, intimidation of witnesses, and ensuring regular appearance.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the evidence.
- Whether there is a risk of flight, tampering with evidence or intimidation of witnesses that would justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 305-A, 317(2), 317(4), 331(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Sections 305-A, 331(4), 317(2), 317(4)
- flight risk
- witness tampering
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8444 of 2026
Nishar Ahmad And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Dhar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Shashi Dhar Shukla, learned counsel for the applicants, Shri
Arimardan Yadav, 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-applicants, Nishar
Ahmad and Ateek Ahmad, seeking enlargement on bail in Case Crime No.
218 of 2025, under Sections 305-A, 331(4), 317(2), 317(4) of the Bharatiya
Nyaya Sanhita, 2023, Police Station Harraiya, District Basti, during the
pendency of the trial before the Court below.
Learned counsel for the applicants submitted that the accused-applicants
are innocent and have been falsely implicated in the present case crime
number. It is further submitted that the F.I.R. dated 14.08.2025 was
lodged against unknown person and that during the course of
investigation, the names of the applicants came into light.
It is further argued that after completion of investigation, charge-sheet
was submitted against the applicants on 28.11.2025, whereupon
cognizance was taken on 04.12.2025. Thereafter, charges were framed on
31.01.2026. The applicants are in judicial custody since 11.11.2025 and
no further custodial interrogation is required.
Learned counsel further submitted that the criminal history of the
applicants has been duly explained in paragraphs 11 and 12 of the bail
BAIL No. 8444 of 2026
2
application and that in most of the cases, the applicants are already on
bail. It is also submitted that there is no likelihood of the applicants
fleeing from the course of justice or tampering with the prosecution
evidence in case they are 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, Nishar Ahmad and Ateek Ahmad, involved in
above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court,
unless their personal appearance are 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 their bail.
(Ashutosh Srivastava,J.)
May 7, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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