Allahabad High Court
SHAHNAWAZversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant without expressing an opinion on the merits of the case.
Summary
The applicant, Shahnawaz, filed a bail application in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on five other criminal cases in which he had already been granted bail and that he was falsely implicated due to police rivalry, asserting no gang membership or prior criminal history. The applicant had been in custody since 6 August 2026. The State opposed the bail, but the court found the applicant's submissions credible and, without addressing the merits of the underlying charges, allowed the bail. The court ordered the release of the applicant on personal bond and two sureties, subject to verification and conditions not to tamper with evidence, intimidate witnesses, or fail to appear before the trial court.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial, given the claim of false implication and lack of prior criminal record.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- false implication
- police rivalry
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31515 of 2026
Shahnawaz
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rizwan Ullah Siddiqui
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 29 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rizwan Ullah Siddiqui,learned counsel for the applicant, Sri
R.M. Yadav, 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. 0570 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Deoband, 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 five 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.
5. There is no criminal history of the applicant. The applicant is languishing
in jail since 6.8.2026. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 31515 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Shahnawaz, who is involved in aforementioned
case crime be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned
subject to verification of sureties, with the condition that he shall not tamper
with evidence or intimidate witnesses and shall appear before the trial court
as required.
8. 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.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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