Allahabad High Court
ASHISH KUMARversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to the applicant, subject to a personal bond, sureties and prescribed conditions.
Summary
The High Court considered a bail application filed by Ashish Kumar, who was arrested in a case under the U.P. Gangster and Anti‑Social Activities Act, 1986. The applicant argued that he had been falsely implicated, had no prior convictions, and was already on bail in two related base cases, citing that a co‑accused had been granted bail in a similar circumstance. The State opposed the bail but could not refute the applicant's submissions. The Court noted the applicant's clean criminal record, the existence of bail in the related cases, and the lack of any evidence of flight risk or tampering. Consequently, the Court ordered his release on bail subject to a personal bond, sureties, and standard conditions such as non‑tampering with evidence and regular court appearances.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities Act, 1986 in view of his lack of prior convictions and pending related cases
Legislation cited
- U.P. Gangster and Anti Social Activities Act, 1986 — s. 1, 2(b), 3(1)
Subjects
- bail
- criminal procedure
- U.P. Gangster and Anti Social Activities Act
- false implication
- no prior conviction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15267 of 2026
Ashish Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deeksha Gupta, Siddharth Srivastava
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. 43 of 2026, under Section 2 (b)/(1)/ 3(1) of
U.P. Gangster and Anti Social Activities Act, 1986, Police Station- Jahanaganj,
District- Azamgarh.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case on the basis of two base cases shown in
the gang chart, in which he has been bailed out. The applicant has not been
convicted in any offence. The applicant has no other criminal history except
the two cases shown against him in the gang chart. He further contends that
the similarly situated co-accused namely Abhishek Chauhan has been granted
bail by this Court vide its orders dated 1.5.2026 passed in Criminal Misc. Bail
Application No. - 14713 of 2026. The applicant is languishing in jail since
20.02.2026. It is further submitted that in case, the applicant is granted bail, he
will not misuse the liberty of bail and will cooperate in the trial proceedings.
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 two base cases have 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 deem it fit to
enlarge the applicant on bail.
BAIL No. 15267 of 2026
2
7. The bail application is allowed.
8. Let the accused-applicant- Ashish Kumar, 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.
May 6, 2026
Fahad
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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