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Allahabad High Court

JAMEEL KHANversusSTATE OF U.P.

Decided

Holding

The court allowed bail to the applicant subject to a personal bond, two sureties, and standard conditions, without expressing an opinion on the merits.

Summary

Jameel Khan applied for bail in a case registered under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and that he is not a gang member. He highlighted that he had already been granted bail in five other related criminal cases and had been in custody since 2 May 2026. The State opposed the bail, but the court, without commenting on the merits, ordered his release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court also directed verification of the identity, status, and residence of the applicant and sureties before accepting the bonds. Breach of any condition would lead to cancellation of bail.

Issues considered

  • Whether bail can be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial despite the seriousness of the offence and the allegations of false implication.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • sureties
  • conditions of bail

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 21043 of 2026

Jameel Khan
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :    Arun Kumar Yadav
Counsel for Opposite Party(s)               :    G.A.

Court No. - 68
                    HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed today is taken on
record.

2. Heard Sri Arun Kumar Yadav, learned counsel for the applicant, Sri Ram
Mohit Yadav, learned A.G.A. for the State and perused the material placed
on record.

3. By means of the present bail application, the applicant seeks bail in Case
Crime No.390 of 2025, under Sections 3(1), 2(b)(xiii), 2(b)(xi), 2(b)(viii),
2(b)(i) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station- Khorabar, District- Gorakhpur, during the pendency of trial.

4. It is argued by the learned counsel for the applicant that the prosecution
under the Gangsters Act have been launched against the applicant on the
basis of five criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
have been mentioned in the affidavit accompanying the bail application. He
has been falsely implicated in the present case due to police rivalry. He is
not the member of any gang. The criminal history of two cases assigned to
the applicant stands explained. The applicant is languishing in jail since
02.05.2026. In case, the applicant is released on bail, he will not misuse the
liberty of bail.

5. On the other hand, learned A.G.A. opposed the prayer for bail.
                                                                                              BAIL No. 21043 of 2026
                                                                     2


                                    6. Without expressing any opinion on the merits, the bail application is
                                    allowed. Let the applicant- Jameel Khan, be released on bail in the
                                    aforementioned case crime on furnishing a personal bond and two sureties to
                                    the satisfaction of the court concerned, subject to verification of sureties,
                                    with the conditions that he shall not tamper with evidence or intimidate
                                    witnesses and shall appear before the trial court as required.

                                    7. Breach of any condition shall entail cancellation of bail. Identity, status
                                    and residence proof of the applicant and sureties be verified by the court
                                    concerned before the bonds are accepted.



                                                                                               (Krishan Pahal,J.)
                                    September 8, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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