Allahabad High Court
NIKIT GURJARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant without expressing an opinion on the merits of the case.
Summary
The applicant, Nikit Gurjar, 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, alleging that he was falsely implicated due to police rivalry and has no prior criminal record. He has been in custody since 30 October 2024 and contends that he is not a gang member and has already been granted bail in related cases. The State opposed the bail, but the court found the applicant's submissions credible and noted the absence of any criminal history. Without addressing the merits of the underlying charges, the court allowed the bail application subject to a personal bond, two sureties, and conditions against tampering with evidence or intimidating witnesses. The court also directed verification of the applicant's and sureties' identity, status, and residence before accepting the bonds.
Issues considered
- Whether bail can be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- false implication
- police rivalry
- sureties
- trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30192 of 2026
Nikit Gurjar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajendra Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 49 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajendra Kumar 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. 726 of 2024 (S.S.T. No. 3071/2025), under Section 2/3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-
Modinagar, District- Ghaziabad, 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 no criminal history of the applicant. The applicant is languishing
in jail since 30.10.2024. 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. 30192 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Nikit Gurjar, 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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