Allahabad High Court
JAVIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant subject to a personal bond, two sureties, and standard conditions.
Summary
The applicant Javid filed a bail application in a criminal case (Crime No. 326 of 2026) under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He claimed that the prosecution was based on a single case shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and is not a gang member. He had been in custody since 7 August 2026 and asserted that he would not misuse liberty if released. The State, represented by G.A., opposed the bail. The court, without expressing an opinion on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. Violation of any condition would lead to cancellation of bail.
Issues considered
- Whether bail can be granted in a case instituted under Sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial.
- Whether the applicant's claim of false implication and lack of gang affiliation justify the grant of bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31162 of 2026
Javid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.52 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Amit Kumar Mishra, learned counsel for the applicant, Sri
Arun Kumar 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.326 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Goverdhan, 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 one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The detail of criminal case has
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. The criminal history of two cass assigned to the
applicant stands explained. The applicant is languishing in jail since
07.08.2026. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
5. On the other hand, learned A.G.A. opposed the prayer for bail.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 31162 of 2026
2
allowed. Let the applicant- Javid, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
7. Breach of any condition shall entail 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 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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