Allahabad High Court
PRINCEversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the applicant is entitled to bail, subject to prescribed conditions, as the case rests on a solitary base case and no merit assessment was required.
Summary
The High Court considered a bail application filed by Prince, who was arrested in connection with Crime No. 321 of 2025 under sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. The applicant claimed he was falsely implicated based on a solitary base case and that he was already on bail in the same matter, while also having six other pending cases. The State opposed bail but could not refute the applicant's contentions. After reviewing the record and the applicant's affidavit, the Court, without expressing an opinion on the merits, concluded that the applicant was entitled to bail. The Court ordered his release on personal bond and two sureties, subject to conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and mandating regular court appearances. The order also directed electronic transmission of the release order to ensure prompt discharge.
Issues considered
- Whether the applicant is entitled to bail under sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act despite a solitary base case and prior criminal history
- Whether the Court can impose conditions to safeguard the trial process while granting bail
Legislation cited
Subjects
- Bail
- Gangster Act
- Criminal Procedure
- U.P. law
- Pre‑trial detention
- Surety
- Conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 10410 of 2026
Prince
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Adarsh Tripathi, Avinash Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 321 of 2025, under sections 2/3 of
U.P.. Gangster and Anti Social Activities (Prevention) Act, policestsation
Parikshitgarh, district Meerut the pendency of the trial.
3. Learned counsel for the applicant states that on the strength of a
solitary base case, the applicant has been falsely implicated in the present
case under the Gangsters Act. The applicant contends that he has been
bailed out in the said case. The applicant has a criminal history of six
other cases, in which the applicnt also enlarged on bail. The applicant is
languishing in jail since 7.12.2025. In case, he is granted bail, he will not
misuse the liberty of bail and will cooperate in the trial proceedings.
4. Learned A.G.A. has opposed the prayer for bail, however, could not
dispute the contentions raised by the learned counsel for the applicant.
5. I have considered the entire facts and circumstances of the case as well
as submissions of learned counsel for the parties.
6. The applicant is said to have been implicated in this case under the
Gangsters Act on the strength of a solitary base case, being Case Crime
No.. 321 of 2025, in which he is on bail. Criminal history of the applicant
has been explained in the affidavit filed in support of the application.
7. Without expressing any opinion on the merits of the case, and taking
into account all these facts and circumstances, I am of the opinion that the
applicant is entitled to be enlarged on bail.
8. Let the applicant Prince, involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the Court concerned, subject to
the following conditions:
BAIL No. 10410 of 2026
2
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution
witnesses and co-operate in the trial.
iv. The applicant will appear regularly on each and every date
fixed by the trial Court, unless his personal appearance is
exempted through counsel by the Court concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 5, 2026
Sumaira
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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