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Allahabad High Court

PRAKASH RAJPOOTversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to bond, sureties and standard conditions.

Summary

The applicant, Prakash Rajpoot, filed a bail application in a case registered as Crime No.154 of 2025 under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charges were based on police rivalry, that he had already been granted bail in six related cases, and that he was not a gang member. The State, represented by the Additional Government Advocate, opposed the bail. The bench, without delving into the merits, granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, witness intimidation, and mandating appearance before the trial court. The order also directed verification of the identity, status, and residence of the applicant and sureties before acceptance of the bond.

Issues considered

  • Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • criminal procedure
  • sureties
  • pre‑trial liberty

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 21892 of 2026

Prakash Rajpoot
                                                             .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Rajveer Chaurasiya
Counsel for Opposite Party(s)                :   G.A.

Court No. - 68
(Sr. No.104 out of 185)

                          HON'BLE KRISHAN PAHAL, J.

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

2. Heard Sri Rajveer Chaurasiya, 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.154 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Panwari, District- Mahoba,
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 two 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 six cases assigned to
the applicant stands explained. The applicant is languishing in jail since
06.04.2025. 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. 21892 of 2026
                                                                     2


                                    6. Without expressing any opinion on the merits, the bail application is
                                    allowed. Let the applicant- Prakash Rajpoot, 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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