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Allahabad High Court

SMT. GEETAversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to a personal bond, two sureties and conditions of non‑tampering with evidence, non‑intimidation of witnesses and attendance at trial.

Summary

The High Court of Allahabad considered a bail application filed by Smt. Geeta, who was arrested in a case under Section 2/3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. The applicant contended that she had been falsely implicated due to police rivalry, had no prior criminal record, and was already on bail in a related case. The State opposed the bail but could not refute the applicant’s submissions. The court, without expressing a view on the merits, granted bail on the condition of a personal bond, two sureties, and specific undertakings not to tamper with evidence, intimidate witnesses, and to appear for trial. The order also directed verification of identity and residence of the applicant and sureties, and warned that breach of conditions would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in view of alleged false implication and lack of criminal history

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • sureties
  • conditions of bail

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD

       CRIMINAL MISC. BAIL APPLICATION No. - 31376 of 2026

Smt. Geeta
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Abhishek Kumar Mishra, Aditya Prasad
                                Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sl. No.56 out of 131)

                         HON'BLE KRISHAN PAHAL, J.
1. List has been revised.

2. Heard Sri Aditya Prasad Mishra, 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. 182 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Tajganj, District- Agra,
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 she 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. She
has been falsely implicated in the present case due to police rivalry. She is
not the member of any gang. It is further stated that there is no criminal
history of the applicant. The applicant is languishing in jail since 5.8.2026.
In case, the applicant is released on bail, she will not misuse the liberty of
bail.

5. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.

6. Without expressing any opinion on the merits, the bail application is
                                                                                               BAIL No. 31376 of 2026
                                                                      2


                                    allowed. Let the applicant- Smt. Geeta, involved in aforementioned case be
                                    released on bail on her furnishing a personal bond and two sureties each in
                                    the like amount to the satisfaction of the court concerned with the following
                                    conditions that :-

                                    (i) The applicant shall not tamper with evidence during trial.
                                    (ii) The applicant shall not pressurise/intimidate with the prosecution
                                    witnesses.
                                    (iii) The applicant shall appear before the trial court on the date fixed.

                                    7. 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.

                                    September 15, 2026
                                    Shalini
                                                                                                (Krishan Pahal,J.)




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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