Allahabad High Court
SACHIN THAKUR @ DAMARUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Sachin Thakur, who was arrested under Sections 2 and 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, in Crime No. 27 of 2026. The applicant claimed he was falsely implicated based on a solitary base case (Crime No. 618 of 2025) for which he was already on bail and asserted that he had no other criminal antecedents. The State opposed the bail but could not refute the applicant's contentions. The Court, after reviewing the record and noting the lack of prior convictions, held that the applicant was entitled to bail without expressing an opinion on the merits of the underlying case. Accordingly, the Court ordered his release on bail subject to personal bond, sureties, and standard conditions such as non‑tampering with evidence and regular appearance in court. The order also directed procedural steps for the release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangsters Act when the accusation is based on a solitary base case and the accused has no prior criminal record
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- criminal procedure
- solitary base case
- no prior convictions
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15166 of 2026
Sachin Thakur @ Damaru
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Pandey
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. 27 of 2026, under Sections 2/3 of
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
(hereinafter called as "Gangsters Act"), police station Loni Border, district
Ghaziabad during 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 no other criminal
antecedents. The applicant is languishing in jail since 24.1.2026. 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.. 618 of 2025, in which he is on bail. No other criminal antecedents of
the applicant have been pointed out.
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 Sachin Thakur @ Damaru, 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
BAIL No. 15166 of 2026
2
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 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
Checking your session…