Allahabad High Court
WASIMversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to the applicant, finding a prima facie case for bail under the U.P. Gangsters Act, subject to strict conditions.
Summary
The High Court considered a bail application filed by Wasim, who was in custody since 8 April 2026 for an alleged offence under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant argued that only a single base case was shown in the gang chart and that he was already on bail for that case, while another case against him had not even proceeded to charge-sheet. The State opposed bail but could not refute the applicant's claim of being on bail for the base case. After reviewing the facts, the Court found a prima facie case for bail and ordered his release on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑engagement in criminal activity, non‑intimidation of witnesses, and regular appearance before the trial court. The order also directed electronic transmission of the release order to ensure prompt release. Bail was therefore granted with the stipulated conditions.
Issues considered
- Whether a prima facie case for bail exists under the U.P. Gangsters Act for the applicant.
- Whether the applicant's prior bail in the base case and lack of charge-sheet in another case justify granting bail.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- prima facie
- surety
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15435 of 2026
Wasim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rupendra 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. 0089 of 2026, under Sections 2/3 of
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
(hereinafter called as “Gangsters Act”), Police Station- Mundha Pandey,
District- Moradabad, during the pendency of the trial.
3. Learned counsel for the applicant states that the applicant has been
implicated in the present case under the Gangsters Act on the basis of a
solitary base case shown in the gang-chart. He is on bail in the said case.
Learned counsel further contends that apart from the said case, the
applicant has criminal history of one other case, in which the applicant
was not charge sheeted. The applicant is languishing in jail since
08.04.2026. 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 fact that in the solitary base case shown in the gang chart, the
applicant is on bail.
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 in jail since 08.04.2026. A single base case has been
shown in the gang chart and the applicant is on bail in the said case. In the
other case, the applicant has not been charge sheeted.
7. Taking into consideration the entire facts and circumstances of the case
BAIL No. 15435 of 2026
2
and without expressing any opinion on the merits of the case, a prima
facie case for bail is made out.
8. Let the applicant - Wasim, 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 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/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 6, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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