Allowed¶13

Shiva Alias Punjabi v. State of U.P.

Allahabad HC14 May 2025BAIL/13370/2025

Case brief

AI extract

What is this about?

Bail allowed; S.483 BNSS 2023 bail application; Case Crime No. 43 of 2025 under S.2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986; PS Makkhanpur, District Firozabad; applicant Shiva Alias Punjabi in custody since 28.2.2025; five criminal-history cases explained; S.19(4) Gangsters Act considered; S.2 clause (b) gang membership denied; AGA opposition; personal bond and two sureties; conditions incl. S.351 BNSS presence; neutral citation 2025:AHC:78719; decided 14.5.2025 by Ashutosh Srivastava, J.

What did the court decide?

Release of applicant Shiva Alias Punjabi on bail in Case Crime No. 43 of 2025 on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions (i)-(v) imposed by the court; breach of conditions to be ground for cancellation of bail. ¶13

Shiva Alias Punjabi vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Shiva Alias Punjabi, implicated in Case Crime No. 43 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, should be released on bail during pendency of trial.

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Court's answer

Considering the totality of facts, the nature and evidence reflected from the record, and the provision of Section 19(4) of the Act, and without expressing any opinion on the merits of the case, the court found it a fit case for bail.

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Ratio / Principle

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions (i)-(v) (including abstention from inducement/tampering, non-intimidation of prosecution witnesses, personal presence before the trial court including for recording of statement under Section 351 B.N.S.S., and an undertaking not to seek adjournments when witnesses are present), breach of which shall be ground for cancellation of bail.

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Key takeaways

Anything said in the order is limited to the purpose of determining the bail application and shall not be construed as an expression on the merits; the trial court remains absolutely free to arrive at independent conclusions on the evidence led.obiter¶21

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Order Date 14.5.2025; Neutral Citation 2025:AHC:78719) allows bail application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Shiva Alias Punjabi, in jail since 28.2.2025, in Case Crime No. 43 of 2025 under Section 2/3, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Makkhanpur, District Firozabad. Counsel contended the applicant was innocent, falsely implicated, not a member/leader/organizer of a gang and had not abetted or assisted gang activities under clause (b), Section 2 of the Act, with five cases of criminal history sufficiently explained; the learned AGA opposed but pointed to no other case. Taking into account the totality of facts, evidence on record and Section 19(4) of the Act, and without expressing any opinion on merits, the court released the applicant on a personal bond and two reliable sureties with conditions (i)-(v), including presence before the trial court for recording of statement under Section 351 B.N.S.S.; breach to invite cancellation; the order expressly confined to the bail determination, leaving the trial court free to reach independent conclusions.

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Neutral Citation No. - 2025:AHC:78719

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13370 of 2025

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Applicant :- Shiva Alias Punjabi Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Shri Yogesh Kumar Srivastava, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Shiva Alias Punjabi, with a prayer to release him on bail in Case Crime No. 43 of 2025, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Makkhanpur, District Firozabad during pendency of the trial.

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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. Five cases of criminal history have sufficiently been explained.

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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 28.2.2025 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.

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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.

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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

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for bail. Hence, the present bail application is allowed .

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Let applicant, Shiva Alias Punjabi 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-

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(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.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(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.

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(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.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 14.5.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Shiva Alias Punjabi v. State of U.P.

Case brief

What is this about?

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Shiva Alias Punjabi v. State of U.P.

Case brief

What is this about?

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