Allahabad High Court
ASHUTOSH SINGHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant subject to personal bond, sureties and standard conditions.
Summary
The High Court of Allahabad considered a bail application filed by Ashutosh Singh, who was arrested in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant contended that the charges were based on a single criminal case already listed in a gang chart and that he had previously been granted bail in that matter, asserting that his implication was a result of police rivalry and that he is not a gang member. The prosecution opposed the bail, but the court noted the applicant's eight pending criminal cases and his detention since July 8, 2026, while also acknowledging the applicant's affidavit and the lack of dispute over the submissions. Without expressing a view on the merits, the court allowed bail, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions not to tamper with evidence or intimidate witnesses. The order also stipulated that breach of conditions would be grounds for cancellation of bail.
Issues considered
- What is the applicability of Sections 2(b)(i), 2(b)(xi) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 to the grant of bail?
- Whether the applicant's alleged false implication and the existence of multiple pending cases justify denial of bail?
Legislation cited
- U.P. 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
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28572 of 2026
Ashutosh Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Shekhar Maurya, Shivam Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 168 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. Mansi Upadhyay, learned Advocate holding brief for Sri
Shashi Shekhar Maurya, learned counsel for the applicant, Sri R.M. Yadav,
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 2(b)(i), 2(b)(xi), 3(1) of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-
Kotwali, 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 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 eight cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 8.7.2026. 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. 28572 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- Ashutosh Singh, 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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