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Allahabad High Court

UMESH YADAVversusSTATE OF U.P.

Decided

Holding

The bail application was allowed, granting bail subject to bond, sureties and conditions.

Summary

The applicant, Umesh Yadav, filed a bail application under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, seeking release while his trial (Crime No. 143 of 2026) is pending. He contended that the prosecution was based on a single criminal case already resulting in bail and that he was falsely implicated due to police rivalry, asserting he is not a gang member. The court noted his criminal history of two cases and his incarceration since 28‑02‑2026, but found no merit in the opposition’s arguments. Without addressing the substantive merits, the court allowed the bail, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions against tampering with evidence, witness intimidation, and non‑appearance. The order also warned that breach of conditions would lead to cancellation of bail.

Issues considered

  • Whether bail can be granted under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 to the applicant who claims false implication and prior bail in a related case.

Legislation cited

Subjects

  • bail
  • U.P. Gangster and Anti-Social Activities (Prevention) Act
  • false implication
  • police rivalry
  • sureties
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 28538 of 2026

Umesh Yadav
                                                                .....Applicant(s)
                                     Versus

State of U.P.
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)      : Ajai Kumar Srivastava, Juhi Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sl. No.167 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. Juhi Srivastava, 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. 143 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kotwali Katra, District-
Mirzapur, 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 two cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 28.2.2026. 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. 28538 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- Umesh Yadav, 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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