Allahabad High Court

NAZIM KHANversusSTATE OF U.P.

Decided: 6 May 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail was granted to the applicant subject to conditions.

Summary

The High Court considered a bail application filed by Nazim Khan under Section 2(b)(i) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, seeking release pending trial in Crime No. 278 of 2026. The applicant argued that he had already been granted bail in a related case, that he was not a gang member, and that the present case was false and would not be concluded soon due to a heavy docket. The State opposed bail, alleging the applicant’s gang affiliation and the risk that he might intimidate witnesses or resume anti‑social activities. After hearing both sides, the Court, without expressing an opinion on the merits, allowed the bail application subject to a personal bond, two sureties, and strict conditions prohibiting witness tampering, criminal activity, and unnecessary adjournments. The Court also directed the trial court to expedite the trial in accordance with Section 12 of the Act.

Issues considered

Whether the applicant is entitled to bail under the U.P. Gangster and Anti‑Social Activities (Prevention) Act despite allegations of gang membership
Whether the risk of witness intimidation and further anti‑social activity justifies denial of bail

Legislation cited

U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 12, 2(b)(i), 3(1)

Subjects

bail
U.P. Gangster and Anti‑Social Activities (Prevention) Act
criminal procedure
witness intimidation
gang membership
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15565 of 2026

Nazim Khan
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ravindra Prakash Srivastava
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. 278 of 2026, under Section
2(b) (i) 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act,
1986, Police Station Khalilabad, District Sant Kabir Nagar during the
pendency of trial.

3- It is argued by learned counsel for the applicant that on the basis of
solitary case as mentioned in the gang chart, the applicant is said to have
been involved in Case Crime No. 0166 of 2025, in which he has already
been enlarged on bail, copy of bail order dated 09.04.2026 has been brought
on record as Annexure No.1 to the bail application. It is further argued that
in another Case Crime No. 861 of 2024, both the parties have entered into
compromise, but in this case neither charge sheet nor final report has been
submitted. 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 14.04.2026 and in case he is
released on bail, he will 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.
BAIL No. 15565 of 2026
2

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-Nazim Khan 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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