Allahabad High Court
BUDDHU @ FAIZANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties and conditions.
Summary
The applicant, Buddhu @ Faizan, filed a bail application in a case registered under Sections 2(b)(17) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charges were fabricated due to police rivalry and that he had already been granted bail in related gang‑chart cases. The prosecution opposed the bail, but the court found no merit in the opposition’s submissions. Without addressing the merits of the underlying offence, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions against tampering with evidence or intimidating witnesses. The order also stipulated that breach of conditions would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail under Sections 2(b)(17) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the nature of the alleged offence and claims of false implication.
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
- conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28975 of 2026
Buddhu @ Faizan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Singh, Seema Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 48 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satya Prakash Singh, 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. 39 of 2026, under Section 2(b)(17), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Mehnagar,
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 two 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 17.7.2026. 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
learned counsel for the applicant could not be disputed.
BAIL No. 28975 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Buddhu @ Faizan, 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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