BAIL/15202/2026 of GAUTAM GIHAR Vs STATE OF U..P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15202 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Jadu Nandan Yadav, learned counsel for the applicant and Sri B.P. Maurya, 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. 30 of 2026, under Sections 310(4), 317(2) BNS and Section 3/25 Arms Act, registered at Police Station Thathiya, District Kannauj 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 and he has been languishing in jail since 24.1.2026. It is further submitted that similarly placed co-accused Vishal Gihar and Kundan Gihar have already been granted bail by different co- ordinate Benches of this Court and the role of the applicant is not distinguishable from the role of said co-accused. It is further submitted that five accused persons have been arrested and from their possession two country-made pistols and some live and empty cartridges and Rs. 20,100/- are said to have been recovered and it is alleged that the applicant and other co-accused were making preparation for committing dacoity.It is further submitted that applicant is having criminal history which has been duly Versus Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav Counsel for Opposite Party(s) : G.A. Gautam Gihar .....Applicant(s) State Of U..P. .....Opposite Party(s) explained in the memo of application. It is also 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and it is submitted that the applicant has explained criminal history of only four cases, however, the applicant is having criminal history of three more cases relating to the offence of theft. 5. Similarly placed co-accused Vishal Gihar and Kundan Gihar have already been granted bail by different co-ordinate Benches of this Court and the role of the applicant is not distinguishable from the role of said co-accused. Five accused persons are said to have been arrested and from their possession two country-made pistols and some live and empty cartridges and Rs. 20,100/- are said to have been recovered. The applicant has explained criminal history of only four cases, however, the applicant is having criminal history of three more cases relating to the offence of theft as pointed out by the learned AGA. 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- Gautam Gihar 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. BAIL No. 15202 of 2026 2 (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 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. May 6, 2026 Abhishek BAIL No. 15202 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad