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Allahabad High Court

GAURAVversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to personal bond, sureties, and standard conditions.

Summary

The applicant, Gaurav, filed a bail application in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charges were based on police rivalry and that he had already been granted bail in six related cases, asserting he is not a gang member. The prosecution opposed the bail, but the court noted the applicant had been in custody since June 8, 2026, and found no reason to deny bail. Without addressing the merits of the criminal allegations, the court ordered bail on the condition of a personal bond and two sureties, subject to verification and compliance with standard bail conditions. The order also stipulated that any breach, such as tampering with evidence or intimidating witnesses, would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • criminal procedure
  • pre-trial liberty
  • surety
  • court order

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 29776 of 2026

Gaurav
                                                                .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)            : Mamta Tiwari, Vivek Kumar Tiwari
Counsel for Opposite Party(s)       : G.A.

Court No. - 68
(Sl. No.170 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. Mamta Tiwari, 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. 211 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Surajpur, District- Gautam
Budh Nagar, 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 six 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 three cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 8.6.2026. 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. 29776 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- Gaurav, 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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