Allahabad High Court

SHEKHAR SINGHversusSTATE OF U.P.

Decided: 6 May 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail was granted to the applicant subject to a personal bond, two sureties and specific conditions.

Summary

The High Court considered a bail application filed by Shekhar Singh under Section 2(B)(i) 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, relating to Crime No. 70 of 2026. The applicant, already on bail in six other cases, argued he was not a gang member and posed no risk of misusing liberty, while the State contended he was a gang member who might intimidate witnesses. After hearing both sides, the Court, without opining on the merits, granted bail subject to a personal bond, two sureties, and strict conditions prohibiting witness tampering, criminal activity, and unnecessary adjournments. The order also directed verification of identities and urged the trial court to expedite the trial per Section 12 of the Act. The bail was thus allowed with conditions and a warning that breach would lead to cancellation.

Issues considered

Whether bail can be granted to the accused under the provisions of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in the present circumstances.
Whether the accused is a member of a gang and thus a flight or tampering risk justifying denial of bail.
Whether the risk of witness intimidation warrants refusal of bail.
Whether the trial must be expedited under Section 12 of the Act.

Legislation cited

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

Subjects

bail
U.P. Gangster Act
anti‑social activities
witness intimidation
speedy trial
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15579 of 2026

Shekhar Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Dileep Kumar Singh
Counsel for Opposite Party(s) : G.A.

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

1-Supplementary affidavit filed by the learned counsel for the applicant
today in the Court, is taken on record.

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

3-The instant bail application has been filed on behalf of the applicant with a
prayer to release him on bail in Case Crime No. 70 of 2026, under Section
2(B) (i) 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act,
1986, Police Station Noorpur, District Bijnor during the pendency of trial.

4- It is argued by learned counsel for the applicant that the applicant is said
to have been involved in Case Crime No.70 of 2026. Apart from the same,
six other criminal cases have been registered against the applicant being
Case Crime No. 234 of 2024, 235 of 2024, 285 of 2024, 222 of 2024, 223 of
2024 and 150 of 2024, in which he has already been enlarged on bail, copy
of bail order has been collectively brought on record as Annexure No.3 to
the bail application. It is further argued that in same Case Crime No. 70 of
2026, Co-accused Pradyuman Singh and Ankit have been granted bail by
this Court vide order dated 20.04.2026 in Criminal Misc. Bail Application
No. 12163 of 2026, copy of the bail order has been placed before this Court.
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
BAIL No. 15579 of 2026
2

of bail.

5-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.

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

7-Let the applicant-Shekhar Singh 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.

8-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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