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Allahabad High Court

AMILversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant subject to personal bond, sureties and specified conditions.

Summary

The High Court considered a bail application filed by Amil, who was arrested under Sections 2 and 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant had been in jail since 14 April 2026 but was already on bail in the solitary base case shown in the gang chart and had no other criminal history. The State opposed bail but could not dispute the applicant's existing bail status. After reviewing the facts, the court found a prima facie case for bail and ordered the applicant's release on personal bond and two sureties, subject to conditions of not tampering with evidence, not committing further offences, not intimidating witnesses, and regular appearance before the trial court. The order also directed electronic transmission of the release order to ensure prompt release.

Issues considered

  • Whether bail should be granted to the accused under the U.P. Gangsters Act given his existing bail in the base case and lack of other criminal history.

Legislation cited

Subjects

  • bail
  • U.P. Gangsters Act
  • criminal procedure
  • sureties
  • conditions of bail
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15445 of 2026

Amil
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                   :   Pankaj Kumar Sharma
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. 83 of 2026, under Sections 2/3 of
U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
(hereinafter called as “Gangsters Act”), Police Station- Ganjdundwara,
District- Kasganj, 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.
The applicant is languishing in jail since 14.04.2026. 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 14.04.2026. A single base case has been
shown in the gang chart and the applicant is on bail in the said case. The
applicant is not stated to have any other criminal history.
7. Taking into consideration the entire facts and circumstances of the case
and without expressing any opinion on the merits of the case, a prima
facie case for bail is made out.
                                                                                             BAIL No. 15445 of 2026
                                                                    2

                                    8. Let the applicant - Amil, 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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