Allahabad High Court
SHIVAM @ PRAVEEN MODANWALversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application and ordered the applicant’s release on bail.
Summary
The applicant, Shivam @ Praveen Modanwal, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release in a case registered under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. He argued that he had been falsely implicated, had been acquitted in two prior cases, and that a co‑accused had already been granted bail. The State opposed the bail. After reviewing the record, the court, without expressing an opinion on the merits, found the circumstances suitable for bail and ordered his release on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- U.P. Gangster and Anti‑Social Activities Act
- surety
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9585 of 2026
Shivam @ Praveen Modanwal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sandeep Pandey, learned counsel for the applicant and Shri
B.P. Singh, learned AGA for the State- respondents and perused the
record.
2. 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. 172 of 2025, under
Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act,
registered at Police Station Chetganj, District Varanasi, during pendency
of the trial.
3. 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 has been acquitted in both the cases
that have been shown against him in the gang chart. The applicant is also
on bail in two other cases. It is further submitted that co-accused Madan
Kumar @ Madan Modi @ Madan Burnwal has already been granted bail
by the Co-ordinate Bench of this Court vide order dated 25.02.2026
passed in Criminal Misc. Bail Application No.4777 of 20256. The
applicant is languishing in jail since 11.10.2023, 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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
BAIL No. 9585 of 2026
2
applicant.
5. Two cases have been shown against the applicant in the gang chart and
he has been acquitted in both the cases. It is further submitted that co-
accused Madan Kumar @ Madan Modi @ Madan Burnwal has already
been granted bail by the Co-ordinate Bench of this Court vide order dated
25.02.2026 passed in Criminal Misc. Bail Application No.4777 of 20256.
The applicant is languishing in jail since 11.10.2023.
6. 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.
7. Let the applicant- Shivam @ Praveen Modanwal 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.
8. In case of breach of any of the above conditions, it shall be a ground for
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cancellation of bail.
9. 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.
(Jitendra Kumar Sinha,J.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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