Allahabad High Court
PRINCE YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail subject to conditions.
Summary
Prince Yadav applied for bail in a case registered under Sections 3(1) and 2(b)(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he had been falsely implicated due to police rivalry and that he was already on bail in a related gang‑chart case. He had been in custody since 1 November 2025 and claimed he was not a gang member and would not misuse liberty if released. The State, represented by the Advocate General, opposed the bail on the ground of the seriousness of the offence under the Gangster Act. The court examined the material on record, the applicant’s affidavit, and the arguments of counsel, and without delving into the merits, found a prima facie case for bail. Accordingly, the court granted bail on the condition of a personal bond, two sureties, and undertakings not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would 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 the present circumstances
- Whether the prima facie case for bail exists despite the seriousness of the alleged offence
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- gangster act
- anti‑social activities
- false implication
- police rivalry
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31490 of 2026
Prince Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Janardan Yadav, Manikant Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.23 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Manikant Yadav, 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.01 of 2026, under Section 3(1), 2(b)(1) of U.P. Gangster and Anti-
Social Activities (Prevention) Act, 1986, Police Station- Mubarakpur,
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. Learned counsel has further stated that there is
a criminal history of two cases against the applicant, which has been
explained. The applicant is languishing in jail since 1.11.2025. 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.
BAIL No. 31490 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
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- Prince Yadav, 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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