Allahabad High Court
SHANKARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, subject to standard conditions.
Summary
The applicant, Shankar, 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 is pending. He contended that the case against him was based on a single criminal charge shown in a gang chart, for which he had already been granted bail, and that he was falsely implicated due to police rivalry and has no prior criminal record. The State opposed the bail but did not dispute the applicant’s submissions. The court, without expressing an opinion on the merits, allowed the bail on the condition of a personal bond, two sureties, verification of identities, and compliance with conditions not to tamper with evidence or intimidate witnesses. The order also stipulated that breach of any condition would be grounds for 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 pending trial.
- Whether the applicant’s lack of criminal history and claim of false implication justify the grant of bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- Section 3(1)
- false implication
- police rivalry
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29888 of 2026
Shankar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Bachan Yadav, Ram Sakal Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.174 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 Sri Ram Bachan Yadav, 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. 174 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Gopiganj, District-
Bhadohi, 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 no criminal history of the applicant. The applicant is languishing
in jail since 2.7.2026. 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. 29888 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- Shankar, 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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