Allahabad High Court
MONU BHARTIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to bond, sureties and conditions.
Summary
Monu Bharti applied for bail in a criminal case (Crime No. 366 of 2025) under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, invoking sections 2(b)(i), 2(b)(xi) and 3(1). 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 other related cases. The applicant had a record of twelve criminal cases and had been in custody since 20 October 2025. 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, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 despite his criminal history and the nature of the offence.
Legislation cited
- Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 2(b)(xi), 3(1)
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- criminal history
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28175 of 2026
Monu Bharti
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manshi Upadhyay, Shashi Shekhar
Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 161 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. Manshi Upadhyay, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer and perused the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No. 366 of 2025, under Section 2(b)(i), 2(b)(xi), 3(1) of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-
Pipiganj, 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 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 twelve cases assigned to the applicant,
which stands explained. The applicant is languishing in jail since
20.10.2025. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
BAIL No. 28175 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- Monu Bharti, 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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