Allahabad High Court
MUKHTAR @ MUKHTARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties, and conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court.
Summary
The applicant, Mukhtar, filed a bail application in a criminal case (Crime No. 186 of 2026) under Sections 2(b)(17) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on a single case already listed in a gang chart for which he had previously been granted bail, and that he was falsely implicated due to police rivalry and is not a gang member. The court noted the applicant's three prior criminal cases and his incarceration since 20 June 2026, but found no merit in the opposition's arguments. 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 conditions would be grounds for cancellation of bail.
Issues considered
- Whether bail can be granted to the accused in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
- Whether the alleged false implication and police rivalry affect the applicant's right to bail.
- Whether the applicant's prior criminal history precludes the grant of bail.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(17), 3(1)
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- trial pending
- anti‑social activities
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28207 of 2026
Mukhtar @ Mukhtar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 165 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 Jitendra Singh, 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. 186 of 2026, under Section 2(b)(17), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Ahraula,
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 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 three cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 20.6.2026. 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. 28207 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- Mukhtar @ Mukhtar, 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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