Allahabad High Court
NITINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and standard conditions.
Summary
The applicant, Nitin, was arrested and charged under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, in a case registered at Titavi police station, Muzaffarnagar. He contended that the charges were based on a fabricated gang chart and that his prior criminal history was explained in an affidavit. Having been in custody since 25 June 2026, he applied for bail during the pendency of the trial. The State opposed the bail, but the court, without delving into the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.
Issues considered
- Whether bail can be granted to an accused under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite alleged false implication and prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- Sections 2 and 3
- false implication
- sureties
- trial pending
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25765 of 2026
Nitin
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Suvansit Kumar Jaiswal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 60 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Desh Deepak Shukla, Advocate holding brief of Sri Suvansit
Kumar Jaiswal, learned counsel for the applicant and Sri Arun Kumar
Mishra, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 151 of 2026, under Sections 2 &
3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police
Station - Titavi, District - Muzaffarnagar, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated under the Gangsters Act based on a gang chart citing one
criminal case, in which he has already been enlarged on bail by the court
concerned. It is submitted that the applicant's additional criminal history of
four cases stands explained in the accompanying affidavit. The applicant has
been languishing in jail since 25.06.2026 and assures that, if granted bail, he
will not misuse the liberty and shall fully cooperate with the trial.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the
applicant.
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Nitin, be released on bail 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
BAIL No. 25765 of 2026
2
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. The observations
herein shall not affect the trial on merits.
September 17, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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