Allahabad High Court
SHIV KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted without expressing any opinion on the merits of the case.
Summary
Shiv Kumar applied for bail in a criminal case (Crime No. 126 of 2026) under Sections 2(B)(1) and 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant argued that the charges were based on police rivalry, that he had already been granted bail in eight related cases, and that he was not a gang member. The prosecution opposed the bail but did not dispute the applicant's submissions. The court, without expressing an opinion on the merits, granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The court also ordered verification of the applicant's and sureties' identity, status, and residence before accepting the bonds.
Issues considered
- Whether bail can be granted to an accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
- Whether the applicant's prior bail in related cases and claim of false implication justify bail.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(B)(1), 3(1)
Subjects
- bail
- gangster act
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- criminal procedure
- pre‑trial liberty
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28518 of 2026
Shiv Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Basant Yadav, Rajesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.166 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. The copy of bail order filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Rajesh Kumar, 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. 126 of 2026, under Section 2(B)(1), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Kiratpur,
District- Bijnor, 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 eight 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 14.5.2026. 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. 28518 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- Shiv Kumar, 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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