Allowed¶15

Dharmendra Gupta @ Bechu v. State of U.P.

Allahabad HC19 Mar 2026BAIL/7525/2026

Case brief

AI extract

What is this about?

Gangsters Act bail — S.483 BNSS 2023 — Case Crime No. 39/2026, Ss.2(b)(xvii) & 3(1) U.P. Gangsters Act, P.S. Mehnagar, District Azamgarh — S.19(4) Gangsters Act considered — six criminal-history cases explained — custody since 02.02.2026 — bail allowed on personal bond and two sureties with conditions incl. presence under S.351 BNSS — High Court of Judicature at Allahabad, Ashutosh Srivastava, J., March 19, 2026 — CRIMINAL MISC. BAIL APPLICATION No. 7525 of 2026.

What did the court decide?

Bail granted to applicant Dharmendra Gupta @ Bechu in Case Crime No. 39 of 2026 on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions (i)-(v) including presence before the trial court for framing of charge and recording of statement under Section 351 BNSS. ¶15

Dharmendra Gupta @ Bechu vs State of U.P. — Bail and Remand | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Dharmendra Gupta @ Bechu, arraigned in Case Crime No. 39 of 2026 under Sections 2(b)(xvii) and 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Mehnagar, District Azamgarh, should be released on bail during pendency of the trial.

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Court's answer

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

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Ratio / Principle

Applicant Dharmendra Gupta @ Bechu directed to be released on bail in Case Crime No. 39 of 2026 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions: no inducement/threat/promise or tampering with evidence; no pressurising or intimidating prosecution witnesses; personal presence at opening of the case, framing of charge and recording of statement under Section 351 BNSS; undertaking not to seek adjournments on evidence dates when witnesses are present; presence on each date personally or through counsel; breach of conditions to be a ground for cancellation of bail.

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Key takeaways

Anything said in the order is limited to the purpose of determination of the bail application and shall not be construed as an expression on the merits; the trial court is absolutely free to arrive at its own independent conclusions on the evidence led.obiter¶23

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.) allowed a bail application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Dharmendra Gupta @ Bechu seeking release in Case Crime No. 39 of 2026 under Sections 2(b)(xvii) and 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Mehnagar, District Azamgarh. Counsel for the applicant urged innocence and false implication, explanation of six criminal-history cases, absence of gang membership/leadership or abetment of gang activities under clause (b) of Section 2, no likelihood of absconding or tampering with witnesses, custody since 02.02.2026, and delay owing to heavy pendency; the learned AGA opposed but pointed to no other case against the applicant. Considering the totality of facts, nature and evidence on record and Section 19(4) of the Act, and without expressing any opinion on merits, the court found a fit case for bail: release on a personal bond and two reliable sureties of the like amount, with conditions barring inducement, tampering and pressure on prosecution witnesses, requiring presence at the opening of the case, framing of charge and recording of statement under Section 351 BNSS, an undertaking against adjournments when witnesses are present, and presence on each date; breach of conditions to be a ground for cancellation. Observations were confined to the bail determination, leaving the trial court free to reach independent conclusions.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 7525 of 2026

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Dharmendra Gupta @ Bechu

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.....Applicant(s)

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Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ankit Mishra
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri Vikas Mishra, Advocate, under the authority of Shri Ankit Mishra, learned counsel for the applicant, Shri Rajesh Kumar Singh, 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 Dharmendra Gupta @ Bechu, with a prayer to release him on bail in Case Crime No. 39 of 2026, under Section 2 (b) (xvii), 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Mehnagar, District Azamgarh, 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. Six 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 02.02.2026, 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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BAIL No. 7525 of 2026

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

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Let applicant, Dharmendra Gupta @ Bechu 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

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BAIL No. 7525 of 2026

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unaffected by anything said in this order.

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(Ashutosh Srivastava,J.)

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March 19, 2026

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Deepak/

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