Allahabad High Court
PANKAJ PANDEYversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that bail must be granted to the accused under the U.P. GASA Act, subject to conditions.
Summary
The High Court considered a bail application filed by Pankaj Pandey, who was arrested in a case under Sections 2(b)(1) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed he was falsely implicated and pointed out that he had no prior criminal record and was already on bail in the only case shown against him in the gang chart. The State opposed the bail but could not refute the applicant's submissions. The Court examined the record and noted the applicant's clean history and lack of previous convictions. Relying on these facts, the Court concluded that bail was appropriate, subject to standard conditions. Consequently, the bail application was allowed and the applicant was ordered to be released on personal bond with sureties.
Issues considered
- Whether bail should be granted to an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 when the accused has no prior convictions and is already on bail in the sole case shown against him.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- U.P. Gangster and Anti‑Social Activities Act
- criminal procedure
- first‑time offender
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15108 of 2026
Pankaj Pandey
.....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. 15108 of 2026
2
deem it fit to enlarge the applicant on bail.
7. The bail application is allowed.
8. Let the accused-applicant- Pankaj Pandey, 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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