Allahabad High Court
SHITLA PRASAD TIWARI @ GANJAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to bond, sureties and standard conditions.
Summary
The applicant, Shitla Prasad Tiwari, sought bail in a case filed under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that the charges were a result of police rivalry and that he is not a gang member. He had already been granted bail in two other criminal cases listed in a gang chart and had been in custody since 18 February 2026. The counsel argued that the applicant had no criminal history relevant to the present charge and would not misuse bail. The opposition could not effectively dispute these submissions. The court, without delving into the merits, granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear in court.
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 when the accused claims false implication and lack of gang affiliation.
- Whether the existence of other pending cases and prior bail in those cases affects the grant of bail in the present case.
Legislation cited
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. - 30451 of 2026
Shitla Prasad Tiwari @ Ganja
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Suneel Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 55 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Suneel Kumar, 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. 348 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kotwali, District-
Mathura, 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 18.2.2026. 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. 30451 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Shitla Prasad Tiwari @ Ganja, 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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