Allahabad High Court

SHUBHAMversusSTATE OF U.P.

Decided: 6 May 2026
Bench: JAI PRAKASH TIWARI

Holding

The court allowed the bail application, granting bail subject to a personal bond, sureties and specified conditions.

Summary

Shubham applied for bail in a case under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, claiming he was falsely implicated and is not a gang member. He submitted copies of earlier bail orders in two other criminal matters and highlighted that a co‑accused had already been released on bail. The State opposed, alleging his gang affiliation and risk of witness intimidation if released. The court, without expressing a view on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions against tampering with evidence, seeking adjournments, and committing further offences. The trial court was directed to expedite the trial in accordance with Section 12 of the Act.

Issues considered

Whether bail should be granted to an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
Whether alleged gang membership and the possibility of witness intimidation justify denial of bail.
Whether the applicant’s prior bail in other cases affects the present bail application.

Legislation cited

Arms Act — s. 25, 27, 3
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 12, 2, 3

Subjects

bail
U.P. Gangster Act
false implication
witness intimidation
trial delay
sureties
personal bond

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15554 of 2026

Shubham
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Abhishe Pandey, Praveen Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1-Heard learned counsel for the applicant as well as learned Additional
Government Advocate for the State.

2-The instant bail application has been filed on behalf of the applicant with a
prayer to release him on bail in Case Crime No. 144 of 2026, under Section
2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station Budhana, District Muzaffarnagar during the pendency of trial.

3- It is argued by learned counsel for the applicant that according to the gang
chart, the applicant is said to have been involved in two criminal cases, in
which he has already been enlarged on bail, copy of bail order has been
brought on record as Annexure No. 3 and 4 to the bail application. It is
further argued that the applicant has been falsely implicated in another case
being Case Crime No. 49 of 2025, under Section 3/25/27 of Arms Act,
Police Station Budhana, District Muzaffar Nagar, in which also he has been
enlarged on bail, copy of bail order has been brought on record as Annexure
No. 5 to this bail application. Co-accused Ashish has already been granted
bail in same Case Crime No. 144 of 2026 by this Hon'ble Court vide order
dated 30.04.2026, copy of which has been placed before this Court. It is
argued that the applicant has been falsely implicated in the present case due
to ulterior motive. The applicant is not a member of any gang. There is no
prospect of trial of the present case being concluded in near future due to
heavy dockets. The applicant is not a previous convict. The applicant is
languishing in jail since 09.04.2026 and in case he is released on bail, he will
BAIL No. 15554 of 2026
2

not misuse the liberty of bail.

4-Per contra, learned Additional Government Advocate has opposed the bail
prayer of the applicant by contending that the applicant is member of gang.
In case the applicant is released on bail, he will again indulge in similar anti-
social activities and will misuse the bail by extending threat and intimidation
to the prosecution witnesses.

5-Having considered the submissions of the parties, without expressing any
opinion on the merits, the bail application is allowed.

6-Let the applicant-Subham involved in the aforesaid case 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 with the following
conditions that :-

(i) The applicant shall not tamper with the prosecution evidence by
intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any
adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
8-In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.

7-The trial Court shall make an endeavour to conclude the trial of the
applicant expeditiously without granting any unnecessary adjournments to
either of the parties in light of the provisions of Section 12 of U.P. Gangsters
and Anti Social Activities (Prevention) Act, 1986.

(Jai Prakash Tiwari,J.)
May 7, 2026
T.S.

Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad

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