Allahabad High Court

VINOD PALversusSTATE OF U.P.

Decided: 4 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court held that bail should be granted as the applicant was not convicted and there was no prima facie evidence of gang involvement.

Summary

The High Court considered a bail application filed by Vinod Pal under Sections 2(b)(xi), 2(b)(xvii) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in Crime No. 61 of 2026. The applicant claimed he was falsely implicated, had no conviction in the present case and was only listed once in the gang chart. The State opposed bail, pointing to a prior conviction for murder and attempt to conceal offence (IPC §§302, 201) in Crime No. 336 of 2016, for which the applicant was on bail pending appeal. The Court examined the basis of invoking the Gangster Act, noting that the alleged involvement stemmed from a case under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act, where the applicant had not been convicted and there was no evidence of gang participation. Finding no substantive ground to deny bail, the Court granted bail with a personal bond, two sureties and conditions restricting tampering with evidence, criminal activity, intimidation of witnesses and mandatory court appearances. The order also directed electronic transmission of the release order to the jail.

Issues considered

Whether bail can be granted to an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act when there is no conviction and no clear gang involvement.
Whether a prior conviction for murder (IPC §§302, 201) bars bail in a separate case under the Gangster Act.

Legislation cited

Cow Slaughter Act — s. 3, 5A, 8
Indian Penal Code — s. 201, 302
Prevention of Cruelty to Animals Act — s. 11
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(xi), 2(b)(xvii), 3(1)

Subjects

bail
gangster act
anti‑social activities
false implication
prior conviction
conditions of bail
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15132 of 2026

Vinod Pal
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ripusudan Dubey, Savita Dubey
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.61 of 2026, under Section 2(b)(xi),
2(b)(xvii), 3(1) of U.P. Gangster and Anti Social Activities (Prevention)
Act, 1986, Police Station- Gagaha, District- Gorakhpur.

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 not been convicted in any offence.
The applicant is in jail since 17.03.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant has a criminal history of one other case being
Case Crime No.336 of 2016, under Sections 302, 201 I.P.C., Police
Station- Gagaha, District- Gorakhpur, in which the applicant has been
convicted and is on bail in appeal by the order passed by this Court.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.

6. Imposition of the Gangsters Act on the applicant is on the basis of a
case being Case Crime No.14 of 2025, under Section 3/5A/8 of Cow
BAIL No. 15132 of 2026
2

Slaughter Act and Section 11 of the Prevention of Cruelty to Animals
Act. The applicant has not been convicted in the said case. Prima facie, in
the opinion of the Court, a perusal of the gang chart and the First
Information Report does not indicate that the applicant is stated to be
involved in a gang, where his previous criminal case was also relevant.
Non-mention of the said case for the imposition of the Gangsters Act and
his period of detention, prima facie, make out a case for bail.

7. Taking into account all the facts and circumstances of the case, I deem
it fit to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Vinod Pal, 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.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. 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.

12. It is further directed that the trial court shall send the release order to
BAIL No. 15132 of 2026
3

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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