Allahabad High Court
MANTOSH YADAVversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail with conditions and sureties.
Summary
Mantosh Yadav applied for bail in a case under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that the charges stem from police rivalry and that he is not a gang member. He had already been granted bail in two other criminal matters, as detailed in his affidavit, and had been in custody since 22 April 2026. The State, represented by the Additional Government Advocate, opposed the bail. The court, without delving into the merits of the allegations, granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, witness intimidation, and mandating appearance before the trial court. The court also ordered verification of the identity, status, and residence of the applicant and sureties before accepting the bond.
Issues considered
- Whether bail can be granted under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in the circumstances presented.
- Whether prior bail in other cases and allegations of false implication affect the grant of bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31592 of 2026
Mantosh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.2 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pradeep Kumar Yadav, learned counsel for the applicant, Sri
Ram Mohit 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.142 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Barnahal, District-
Mainpuri, 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. The criminal history of two cases assigned to
the applicant stands explained. The applicant is languishing in jail since
22.04.2026. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
5. On the other hand, learned A.G.A. opposed the prayer for bail.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 31592 of 2026
2
allowed. Let the applicant- Mantosh 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.
7. Breach of any condition shall entail 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 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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