SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(All) 1116

HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
HIMANSHU @ PIYUSH @ BHANJA @ KATTAR BANIYA – Appellant
Versus
STATE OF U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 15482 of 2026



Advocates:
For the Appellants/Petitioners: Sanjay Yadav
For the Respondents: G.A., B.P. Maurya

The court granted bail to the applicant under the U.P. Gangsters and Antisocial Activities (Prevention) Act, taking into account the applicant's bail status in other cases and the provisions of Section 19(4) of the Act.

Headnote:The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Case Crime No. 372 of 2025, registered under Section 2/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant has been in custody since June 12, 2025, and is already on bail in other cases mentioned in the gang chart. The court found the case fit for the grant of bail. The primary issue was whether the applicant should be released on bail during the pendency of the trial. The court reasoned that considering the totality of facts, the evidence on record, and the provisions of Section 19(4) of the Act, the applicant is entitled to bail, especially as he is already on bail in other related cases. Hence, the present bail application is ALLOWED.

Table of Content
1. procedural initiation of a bail application under bnss and the gangsters act. (Para 1 , 2 , 3)
2. evaluation of the applicant's custody period and bail status in other related cases. (Para 4 , 5 , 6)
3. grant of bail based on the totality of facts and section 19(4) of the gangsters act. (Para 7)
4. imposition of conditions for bail and preservation of the trial court's independent judgment. (Para 8 , 9 , 10)

1. Computer generated bail order filed by the learned counsel for the applicant is taken on record.

2. Heard Sri Sanjay Yadav, learned counsel for the applicant and Sri B.P. Maurya, 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. 372 of 2025, under Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, registered at P.S. Kotwali, District Mainpuri 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 and he has been languishing in jail since 12.6.2025. It is further submitted that the applicant is on bail in solitary case shown against him in the gang chart and apart from the above, the applicant is also on bail in eight other cases. It is further submitted that the applicant 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 grant of bail to the applicant.

6. The applicant is on bail in solitary case shown against him in the gang chart and apart from the above, the applicant is also on bail in eight other cases.

7. 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

8. Let the applicant- Himanshu @ Piyush @ Bhanja @ Kattar Baniya involved in the aforesaid case crime 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 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.

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.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top