Allahabad High Court
SALIMversusSTATE 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
Salim applied for bail in Crime No. 19 of 2026 under Sections 2(b)(xvii) and 3(1) 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 has already been granted bail in related cases. The applicant had been in custody since 20 January 2026 and asserted that he would not misuse liberty if released. The State opposed the bail but the court, without addressing the merits, allowed the application. The court ordered release on personal bond and two sureties, subject to verification and conditions not to tamper with evidence, intimidate witnesses, or fail to appear in court.
Issues considered
- Whether bail should be granted in a case instituted under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the applicant's alleged false implication and prior criminal history.
- Whether the conditions of bond, sureties, and verification satisfy the statutory requirements for bail in such offences.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(xvii), 3(1)
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- bond
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28176 of 2026
Salim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Antima Rajbhar, Hari Prakash Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 162 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. Antima Rajbhar, 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. 19 of 2026, under Section 2(b)(xvii), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Phoolpur,
District- Azamgarh, 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 three 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 one case assigned to the applicant, which
stands explained. The applicant is languishing in jail since 20.1.2026. 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. 28176 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- Salim, 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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