ROHIT SHARMAversusSTATE OF U.P.

    HIGH COURT OF JUDICATURE AT ALLAHABAD
   CRIMINAL MISC. BAIL APPLICATION No. - 10136 of 2026



Rohit Sharma
                                                  .....Applicant(s)
                              Versus

State of U.P.
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : Rohit Shukla, Siblu Panday
Counsel for Opposite Party(s) : G.A.

Court No. - 64


                 HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant as well as Sri
Anupam Anand, learned Brief Holder for the State of U.P., and
perused the record.

2. The present bail application has been filed with the prayer
to enlarge the applicant on bail in Case Crime No. 49 of 2026,
under Section 2/3 of the U.P. Gangsters and Anti Social
Activities (Prevention) Act, 1986 (for short, the "Gangsters
Act"), Police Station Hariparvat, District Agra during the
pendency of the trial.

3. Learned counsel for the applicant submits that according to
the gang chart, one case is shown against the applicant and in
the said case the applicant has been enlarged on bail. It is next
contended that apart from the case mentioned in the gang chart,
the applicant is involved in ten other cases. In the said cases
also he has been granted bail.

4. He further submits that in the F.I.R., in issue, the allegations
with regard to disturbing the public order, as also regarding
gaining undue temporal, pecuniary, material or other advantage
of like nature, against the applicant are vague. In absence of
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allegation concerning an act or omission on the part of an
accused, covered by the definition of terms "gang" and
"gangster" as provided under Section 2 of the Gangsters Act,
no F.I.R. is maintainable. In the instant case, the F.I.R. is based
upon the pending criminal cases and not upon any new
allegations or discovery of facts having serious reflection on
the society, for which purpose the Gangsters Act was enacted.

5. It is also submitted that considering the facts of the case, as
stated above, there are reasonable grounds for believing that
the applicant is not guilty of the offence under the Gangsters
Act and that he would not commit the offence while on bail nor
would try to tamper the evidence or influence the witnesses in
any manner whatsoever it may be. The applicant is in jail since
19.02.2026.

6. Learned Brief Holder for the State has opposed the prayer
for bail but could not satisfactorily dispute the aforesaid
submissions from the record.

7. Considering the rival submissions of learned counsel for
parties, material available on record as well as taking note of
Section 19(4)(b) of the Gangsters Act, in light of the
submission of counsel for the applicant to the effect that while
on bail in this case the applicant would not commit any
crime/offence nor would try to tamper the evidence or
influence the witnesses in any manner, whatsoever it may be,
and without expressing any opinion on the merits of the case, I
am of the view that the applicant is entitled to be released on
bail. Accordingly, the bail application is allowed.

8. Let the applicant- Rohit Sharma, involved in the aforesaid
case, be released on bail on his furnishing a personal bond and
two heavy sureties each of the like amount to the satisfaction of
court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution
evidence;
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                                        (ii) the applicant shall not pressurize the prosecution
                                        witnesses;

                                        (iii) the applicant shall appear on each and every date fixed by
                                        the trial court; and,

                                        (iv) the applicant shall appear on the first Sunday of every
                                        month at the police station concerned.

                                        9. In case of breach of any of the above conditions, the
                                        prosecution shall be at liberty to move bail cancellation
                                        application before this Court.


                                        May 6, 2026
                                        SKT/-

                                                                                     (Vivek Varma,J.)




Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad