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Allahabad High Court

SOBANversusSTATE OF U.P.

Decided

Holding

The court granted bail to the applicant, Soban, subject to bond and surety conditions.

Summary

The applicant, Soban, filed a bail application in a case registered as Crime No. 364 of 2026 under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charges were based on police rivalry, that he had no gang affiliation, and that he had already been granted bail in two related cases. The State opposed the bail, arguing that the seriousness of the offence under the Gangster Act warranted continued detention. The court, after reviewing the material and hearing both sides, found that the applicant had made a prima facie case for bail and, without passing on the merits, ordered his release on bail subject to a personal bond, two sureties, and standard conditions. The bail may be cancelled if any condition is breached, and the trial will continue on its merits.

Issues considered

  • Whether bail should be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 considering the facts and prima facie case.

Legislation cited

Subjects

  • bail
  • U.P. Gangster and Anti-Social Activities (Prevention) Act
  • criminal procedure
  • prima facie case
  • sureties
  • conditions of bail

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31477 of 2026

Soban
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                               :    A.Z. Khan
Counsel for Opposite Party(s)                          :    G.A.

Court No. - 68
(Sr. No.18 out of 185)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Asif, Advocate holding brief of Sri A.Z. Khan, 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.364 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kutubsher, District-
Saharanpur, 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 two criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
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 12.8.2026.
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. 31477 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- Soban, 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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