Allahabad High Court
ATUL ANANDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and consequently granted bail.
Summary
The applicant, Atul Anand, filed a bail application in a criminal case (Crime No.0013 of 2026) under Sections 2(b)(i) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on a single case already listed in a gang chart for which he had previously been granted bail, and that he was falsely implicated due to police rivalry, having no prior criminal record and having been in custody since 7 December 2025. The State opposed the bail. After considering the material and arguments, the court, without expressing an opinion on the merits, found that the applicant had made out a prima facie case for bail. Accordingly, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. Breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether the applicant is entitled to bail under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in view of the alleged false implication and lack of prior criminal history.
- Whether a prima facie case for bail exists despite the seriousness of the offence under the Gangster Act.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3(1)
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. - 31411 of 2026
Atul Anand
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar, Rajendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.5 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ashish Kumar, learned counsel for the applicant, Sri Deepak
Kumar Singh, 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.0013 of 2026, under Section 2(b)(i) & 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Cyber Crime,
District- Azamgarh, 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 details of criminal case
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. It is further stated that there is no other criminal
history of the applicant. The applicant is languishing in jail since 7.12.2025.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
5. On the other hand, learned AGA opposed the prayer for bail.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 31411 of 2026
2
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Atul Anand, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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