Allahabad High Court
GOPAL GOSWAMIversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The court held that, in the absence of any change in circumstances and given the applicant’s alleged involvement in the gangster offence, bail could not be granted.
Summary
Gopal Goswami filed a second bail application under Section 483 of the Criminal Procedure Code for a case registered under Sections 2 and 3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. He claimed he was falsely implicated and pointed to a history of 26 cases where bail had previously been granted. The State opposed, arguing that he was named in the FIR with three co‑accused, has a propensity to commit further offences, and that the earlier bail application was withdrawn. The court examined the FIR, victim and witness statements and found no change in circumstances or new material to justify bail. Consequently, the bail application was rejected, with the court noting that its observations were limited to the bail matter and not a determination on the merits of the criminal case.
Issues considered
- Whether bail should be granted to the accused under Section 483 CrPC in a case under the U.P. Gangsters Act, considering his alleged involvement and prior criminal history.
- Whether the applicant’s claim of false implication and the fact that he has previously been granted bail in other cases affect the bail decision.
- Whether the evidence on record, including the FIR and statements of the victim and witnesses, warrants denial of bail.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- Section 483 CrPC
- false implication
- criminal history
- high court
- bail denial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19711 of 2026
Gopal Goswami
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Azhar Hussain, Mohd. Razif
Counsel for Opposite Party(s) : G.A.
Court No. - 18
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State-opposite party.
2. The present second bail application has been filed by the applicant
under Section 483 BNSS to enlarge him on bail in Crime No. 423 of
2025, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities
(Prevention) Act, 1986, Police Station- Farah, District- Mathura. The first
bail application was dismissed as withdrawn vide order dated 21.04.2026
passed in Criminal Misc. Bail Application No. 2314 of 2026.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. Learned counsel for the applicant
further submits that the applicant has a criminal history of 26 cases, in
which he has been enlarged on bail. The applicant is in jail since
24.11.2025.
4. Learned A.G.A. has opposed the prayer for bail and contends that the
applicant has been framed under the Gangsters Act and has a tendency to
perpetrate crime in future. Learned A.G.A. further submits that the
applicant has been named in the F.I.R. dated 12.11.2025 along with three
other co-accused. The applicant has been allegedly found in different kind
of crimes, entailing him not to extend any benefit of enlarging on bail.
5. Having heard learned counsel for the parties and having perused the
material on record, it is evident that he along with three other co-accused
BAIL No. 19711 of 2026
2
have been named in the FIR and his involvement in crime related to the
Gangsters Act. Thus having regard to the evidence available on record
against the applicant and his complicity in the crime, moreover, there is
no change in the circumstances or the law, as such the grounds raised in
the earlier application have been repeated by and large, hence taking into
consideration, the submissions of learned counsel for the parties and
considering the statement of the victim and witnesses, I do not find any
good ground to release the applicant on bail. Thus the bail application
moved on behalf of the applicant- Gopal Goswami is hereby rejected.
6. Observations made herein-above by this court are only for the purpose
of disposal of this bail application and shall not be construed as an
expression of this court on the merits of the case.
(Harvir Singh,J.)
September 25, 2026
Prashant D.
Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad
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