Allahabad High Court
DALVEER SINGHversusSTATE 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 Dalveer Singh, who was arrested in connection with Crime No. 399 of 2023 under Section 3(1) of the Uttar Pradesh 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 pointed out that he already had bail in two other cases and was not a prior convict. The State opposed bail but did not dispute the applicant's criminal history. After reviewing the facts, the court noted that the applicant had been in jail since 18 March 2026 and had no prior convictions, and therefore was eligible for bail. Without expressing any view on the merits of the underlying criminal charge, the court ordered that bail be granted subject to a personal bond, two sureties, and standard conditions. The order also directed electronic transmission of the bail order to ensure the applicant's prompt release.
Issues considered
- Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 considering his alleged false implication and criminal antecedents.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- Section 3(1)
- false implication
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15357 of 2026
Dalveer Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Dwivedi
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. 399 of 2023 under Section 3 (1) U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinaffter called
as 'Gangsters Act'), P.S. - Mahrajpur, District- Kanpur Nagar 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 two other cases. The applicant is on bail in the said cases also. The
applicant is languishing in jail since 18.3.2026. 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. 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
case. 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. 15357 of 2026
2
account the above mentioned facts and circumstances and also the fact that
the applicant is in jail since 18.3.2026, 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, Dalveer Singh, 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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