Allahabad High Court

RAJESH KUMAR SINGHversusSTATE OF U.P.

Decided: 6 May 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail was granted to the applicant subject to strict conditions.

Summary

The High Court considered a bail application filed by Rajesh Kumar Singh, who was arrested under Section 2/3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986. The applicant argued that he was falsely implicated, had no gang affiliation, and was already on bail in another case, while the State contended that he was a gang member who might intimidate witnesses if released. After hearing both sides, the Court, without expressing an opinion on the merits, granted bail on the condition that the applicant not tamper with evidence, cooperate with the trial, and refrain from any criminal activity. The Court also directed that the trial be conducted expeditiously in accordance with Section 12 of the Act and that the applicant provide a personal bond and two sureties. The bail order includes provisions for cancellation if any condition is breached.

Issues considered

Whether bail should be granted to an accused under Section 2/3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 despite allegations of gang membership and risk of witness intimidation.
Whether the Court can impose conditions and direct an expeditious trial under Section 12 of the same Act.

Legislation cited

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

Subjects

bail
U.P. Gangster and Anti‑Social Activities Act
witness intimidation
trial expeditious
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15587 of 2026

Rajesh Kumar Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ajeet Kumar 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. 76 of 2026, under Section
2/3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station Gadwar District Ballia during the pendency of trial.

3- It is argued by learned counsel for the applicant that on the basis of gang
chart, the applicant is said to have been involved in one criminal case being
Case Crime No. 221 of 2025, in which he has already been enlarged on bail,
copy of bail order dated 13.04.2026 has been brought on record as Annexure
No.3 to the bail application. 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 03.04.2026 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.
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.
BAIL No. 15587 of 2026
2

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

6-Let the applicant-Rajesh Kumar 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.

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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