Allahabad High Court
SUNIL GUPTAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and specific conditions.
Summary
The High Court of Allahabad considered a bail application filed by Sunil Gupta, who was arrested under Sections 2(b)(i) and 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant argued that he had been falsely implicated, citing a gang chart and noting that he had already secured bail in three related cases, with one additional case explained in an affidavit. The State opposed the bail, but the court, without delving into the merits of the allegations, decided to grant bail. The order directed the applicant to furnish a personal bond and two sureties, and imposed conditions prohibiting tampering with evidence, intimidation of witnesses, and mandating appearance before the trial court. The court warned that any breach of these conditions would result in cancellation of bail, and clarified that the order does not affect the substantive trial.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite allegations of false implication and prior criminal history
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
- sureties
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31467 of 2026
Sunil Gupta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Srivastava, Ganesh
Shanker Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 188 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Deepak Kumar Srivastava, learned counsel for the applicant and
Sri Abhishek Mishra, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 134 of 2026, under Sections
2(b)(i) & 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act,
1986, Police Station - Trilokpur, District - Siddharth Nagar, during the
pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated under the Gangsters Act based on a gang chart citing three
criminal cases, in all of which he has already been enlarged on bail by the
court concerned. It is submitted that the applicant's additional criminal
history of one case stands explained in the accompanying affidavit. The
applicant has been languishing in jail since 22.07.2026 and assures that, if
granted bail, he will not misuse the liberty and shall fully cooperate with the
trial.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the
applicant.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 31467 of 2026
2
allowed. Let the applicant- Sunil Gupta, be released on bail 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. The observations
herein shall not affect the trial on merits.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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