Allahabad High Court
VINAYAK MALVIYAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted bail to the applicant, subject to personal bond, sureties and prescribed conditions.
Summary
The High Court of Allahabad considered a bail application filed by Vinayak Malviya, who was arrested under Sections 2(b)(1) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, in Crime No.13 of 2026. The applicant claimed he was falsely implicated and that only a single case appeared against him in the gang chart, for which he was already on bail, with no prior criminal record. The State opposed the bail but could not refute the applicant’s submissions. The court, noting the lack of any other criminal history and that the applicant was not a previous convict, decided to grant bail subject to personal bond, sureties and standard conditions. The order directed the trial court to issue the release order through the Bail Order Management System and required a certified copy of the order to be filed within 15 days.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in view of the facts of the case.
- Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or committing further offences.
Legislation cited
- Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15105 of 2026
Vinayak Malviya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandan Kumar Chaturvedi, Rahul Jain
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.13 of 2026, under Section 2(b)(1),
3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986,
Police Station- Cyber Crime, District- Azamgarh.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. Only single case has been
shown in the gang chart against the applicant and in the said case, the
applicant is on bail. The applicant has no other criminal history except the
solitary case shown against him in the gang chart. The applicant is in jail
since 06.12.2025.
4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
has been unable to dispute the submissions made by the Learned counsel
for the applicant.
5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
6. Taking into consideration the fact that only one case has been shown
against the applicant in which the applicant is on bail, having no other
criminal history and also the fact that applicant is not a previous convict, I
BAIL No. 15105 of 2026
2
deem it fit to enlarge the applicant on bail.
7. The bail application is allowed.
8. Let the accused-applicant- Vinayak Malviya, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
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 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 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
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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