SHAKEEL ALIAS HAZI BONAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31111 of 2026

Shakeel Alias Hazi Bona
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                         :   Rajesh Kumar
Counsel for Opposite Party(s)                    :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Supplementary affidavit has been filed explaining criminal history, the
same is taken on record.

1A. Sri Rajesh Kumar, learned counsel for accused applicant and learned
A.G.A. for State.

2. This is second bail application. The first bail application has been
dismissed for non prosecution.

2A. The present bail application has been moved by the applicant
accused- Shakeel Alias Hazi Bona to enlarge him on bail in Case Crime
No. 0001 of 2025, under Sections 2/3 U.P. Gangsters and Anti-Social
Activities (Prevention) Act, P.S.- Rasulpur, District- Firozabad during the
pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated by the police under the provision of
Gangsters Act on the basis of two base cases, in which applicant is on
bail. Apart from it, accused applicant has criminal history of six cases, out
of which, in three cases, he has been acquitted and in three other cases, he
is on bail. Hon'ble The Supreme Court in the case of Shiv Pratap Singh
Alias Chinu Vs. State of U.P. & Ors reported in 2026 SCC Online SC
1677 has considered the proceedings initiated under the Uttar Pradesh
Gangsters and Anti-Social Activities (Prevention) Act, 1986 and the Uttar
Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021
                                                                                          BAIL No. 31111 of 2026
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                                    and found that the Act is still born and the proceedings initiated under it
                                    can not survive. Hence, if the proceedings under the Act can not survive
                                    in view of the dictum of Hon'ble The Supreme Court dealt herein above,
                                    the incarceration of accused/applicant under the provision of the Act has
                                    no legal basis. The charge sheet has been submitted. The accused
                                    applicant is languishing in jail since 12.11.2024. He seeks enlargement of
                                    accused on bail.

                                    4. Learned A.G.A. for State opposed the bail application.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considering that in all the cases, the applicant is on bail and
                                    investigation is continuing.

                                    7.Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                           (Avnish Saxena,J.)
                                    September 14, 2026
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad