Allahabad High Court
VIKAS SRIVASTAV @ RAMUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Vikas Srivastav, who was charged under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant argued that he had been falsely implicated and was already on bail in three related cases, with a history of bail in twelve other cases, and had been detained since 17 April 2023. The State opposed the bail but could not rebut the applicant’s contentions. After reviewing the facts and circumstances, the Court, without expressing an opinion on the merits, held that the applicant was entitled to bail, subject to a personal bond, two sureties and conditions prohibiting evidence tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances. The order also directed procedural steps for issuing a computer‑generated copy and releasing the applicant through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of his alleged false implication, prior bail in related cases, and criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- criminal history
- trial pendency
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15170 of 2026
Vikas Srivastav @ Ramu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar
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. 110 of 2023, under Sections 2/3 of
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
(hereinafter called as "Gangsters Act"), Police Station- Kotwali, District
Hamirpur during the pendency of the trial.
3. Learned counsel for the applicant states that on the strength of three
cases, 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 cases. The applicant has a criminal history of twelve other cases,
in which he has been granted bail. The applicant is languishing in jail
since 17.4.2023. 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 these cases, being Case Crime Nos. 240
of 2022, 324 of 2022 and 116 of 2022 , in which he is on bail. Criminal
history of 12 cases has been explained.
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 Vikas Srivastava @ Ramu, 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. 15170 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
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