Allahabad High Court
SONU ALIAS NIKHILversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Sonu alias Nikhil, who was arrested in Crime No. 790 of 2025 under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed he was falsely implicated based on a single base case in a gang chart and highlighted that he was already on bail in four other cases, having been in jail since 29‑Nov‑2025. The State opposed bail but did not dispute the applicant’s disclosed criminal antecedents. The Court, after reviewing the facts and noting that the applicant was not a prior convict and had been detained for an extended period, concluded that he was entitled to bail without commenting on the merits of the underlying case. Accordingly, the bail was granted subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- Whether the accused, Sonu alias Nikhil, should be released on bail under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 despite alleged false implication and prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- pre‑trial detention
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15306 of 2026
Sonu Alias Nikhil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Mishra
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.790 of 2025 under Section 2/3 U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinaffter called
as 'Gangsters Act'), P.S. Sardhana, District Meerut, during the pendency of his
trial.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case on the basis of one base case shown in
the gang chart, in which he has been bailed out. He further submits that apart
from the base cases mentioned in the gang chart, the applicant has a criminal
history of four other cases. The applicant is on bail in the said cases also. The
applicant is languishing in jail since 29.11.2025. 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. Learned AGA has opposed the prayer for bail. He, however, does not
dispute the explanation of the criminal history that has been given by the
applicant.
5. I have considered the entire facts and circumstances of the case as well as
submissions made by Learned counsels for the parties.
6. The applicant has been nominated in the present case on the basis of
one base case mentioned in the gang chart. The applicant is on bail in the
said cases. The criminal antecedents of the applicant have been duly
explained and the applicant is not stated to be a previous convict.
7. Without expressing any opinion on the merits of the case, and taking into
BAIL No. 15306 of 2026
2
account the above mentioned facts and circumstances and also the fact that
the applicant is in jail since 29.11.2025, I am of the opinion that the applicant
is entitled to be enlarged on bail.
8. The bail application is allowed.
9. Let the accused-applicant, Sonu Alias Nikhil, 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
concerned 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 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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