Allahabad High Court
BHUPENDRA @ RISHIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant without expressing an opinion on the merits of the case.
Summary
The applicant, Bhupendra (also known as Rishi), filed a bail application in a criminal case (Crime No. 31 of 2026) under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on two earlier cases listed in a gang chart, for which he had already secured bail, and alleged that the present charge was a result of police rivalry and not indicative of gang membership. The applicant had been in custody since 21 July 2026 and presented an affidavit detailing his criminal history and asserting that he would not misuse bail. The opposition could not effectively rebut the applicant's submissions. The court, without delving into the merits of the underlying allegations, allowed the bail application subject to a personal bond, two sureties, and conditions against tampering with evidence or intimidating witnesses. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail can be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the nature of the allegations and prior related cases.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- criminal procedure
- false implication
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31530 of 2026
Bhupendra @ Rishi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Chaube
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 33 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Om Prakash Chaube, learned counsel for the applicant, Sri R.P.
Singh, learned State Law Officer and perused the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No. 31 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Jariya, District- Hamirpur,
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.
5. There is a criminal history of three cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 21.7.2026. 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. 31530 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Bhupendra @ Rishi, 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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