Allahabad High Court
RAJNEESHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and conditions of non‑tampering with evidence, non‑intimidation of witnesses, and mandatory appearance before the trial court.
Summary
The applicant, Rajneesh, filed a bail application in a criminal case (Crime No. 87 of 2026) under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on police rivalry, that he is not a gang member, and that he had already been granted bail in two related cases shown in a gang chart. The court noted that the applicant has six prior criminal cases and has been in custody since 29 March 2026, but found no dispute with the applicant’s submissions. The opposition’s arguments were not sufficient to deny bail. Without expressing an opinion on the merits, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The order also stipulated that breach of any condition would be grounds for cancellation of bail.
Issues considered
- Whether bail should be granted to an accused in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, considering the applicant’s criminal history and claim of false implication.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal history
- sureties
- conditions of bail
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28078 of 2026
Rajneesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepika Saxena, Sunil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 155 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 Ms. Deepika Saxena, learned counsel for the applicant, Sri D.K.
Singh, 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. 87 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Barkhera, District-
Piliphit, 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.
5. There is a criminal history of six cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 29.3.2026. In
case, the applicant is released on bail, he will not misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
BAIL No. 28078 of 2026
2
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- Rajneesh, 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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