Allahabad High Court
ARBAJversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed, subject to personal bond, sureties and standard conditions.
Summary
Arbaj applied for bail in Criminal Case No. 385 of 2026, which is filed under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. The applicant contended that the prosecution was based on a single criminal case shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and is not a gang member. He has been in custody since 2 June 2026 and asserted that he would not misuse the liberty if released. The State opposed the bail, but the court found the applicant’s submissions credible. Without expressing an opinion on the merits, the court allowed the bail, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions against tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in the circumstances alleged.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27973 of 2026
Arbaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mukesh Chandra Gupta, Shubham
Prakash Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 151 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Shubham Prakash Gupta, learned counsel for the applicant, Sri
A.K. Mishra, 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. 385 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Lisarigate, District-
Meerut, 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 one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal case
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.
5. There is a criminal history of one case assigned to the applicant, which
stands explained. The applicant is languishing in jail since 2.6.2026. In case,
the applicant is released on bail, he will not misuse the liberty of bail.
BAIL No. 27973 of 2026
2
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Arbaj, who is involved in aforementioned case
crime 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 subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
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.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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