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Allahabad High Court

RAHATversusSTATE OF UP

Decided

Holding

Bail was granted to the applicant subject to a personal bond, two sureties and specified conditions.

Summary

Rahat applied for bail in a criminal case (Crime No.274 of 2025) 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 a single case shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and is not a gang member. The State opposed the bail. The High Court, without expressing an opinion on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions that he not tamper with evidence, intimidate witnesses, and appear before the trial court as required. The court also ordered verification of the identity, status and residence of the applicant and sureties before accepting the bonds. Breach of any condition would result in cancellation of bail.

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 during the pendency of trial.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • police rivalry
  • sureties
  • court conditions

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 31604 of 2026

Rahat
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :    Sunil Kumar Dubey
Counsel for Opposite Party(s)                :    G.A.

Court No. - 68
(Sr. No.6 out of 318)

                        HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri Anit
Kumar Shukla, 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.274 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Masuri, District-
Ghaziabad, 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 detail of criminal case has
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 one case assigned to the
applicant stands explained. The applicant is languishing in jail since
03.09.2025. 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. 31604 of 2026
                                                                     2


                                    allowed. Let the applicant- Rahat, 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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