Niyaz vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

This is the second application under Section 438 Cr.PC./482 BNSS which has been filed seeking anticipatory bail in FIR/Case Crime No.0657 of 2025, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar, District- Pratapgarh. The first application seeking anticipatory bail was rejected by a Co-ordinate Bench of this Court vide order dated 19.01.2026.

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Learned counsel for the applicant submits that the applicant was posted as a Constable in CRPF and completed more than 16 years of service and his service record is unblemished throughout his career. A copy of the character/attributes certificate has been annexed as Annexure No.8 to the affidavit filed in support of the bail application. He further submits that in the gang chart, one case has been shown against the applicant and in the said case the applicant has been enlarged on bail. The bail order is annexed as Annexure No.5 to the affidavit filed in support of the bail application. Apart from the case mentioned in the gang chart, the applicant has no criminal history, specific averment in this regard is made at para no.20 of the affidavit. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. The applicant undertakes to cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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NABAIL No. 528 of 2026

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On due consideration to the facts that the applicant has been enlarged on bail in the case shown in the gang chart; the applicant has no criminal history and the undertaking given by the applicant to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected.

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In view of the above, the applicant- Niyaz is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

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(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade him from revealing such facts before the Court or result in tampering with the evidence;

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(ii) The applicant shall not travel outside India without prior permission from the Court;

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(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

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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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in

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NABAIL No. 528 of 2026

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accordance with law, under Section 209 of BNS.

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(viii) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the anticipatory bail granted to the applicant;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the anticipatory bail application is allowed .

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April 2, 2026 Anand/-

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(Rajeev Bharti,J.)

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Niyaz v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Niyaz v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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